When constructing and reconstructing a private house, it is important not only to follow SNiPs, but also to prepare permits in a timely manner. Until 2020, to begin work, it was necessary to obtain a building permit. Now (2019) a notification procedure has been introduced: a citizen sends a notification about the start of construction/reconstruction to local authorities. The authorities have been given no more than 7 days to respond.
How were building permits issued before?
The legal framework for individual construction (IHC) is based on the Town Planning Code (Article 51), Land Code (Article 39-40) and SNiP (Building Norms and Rules) dated 01/12/2004. Requirements for a specific building may depend on the architectural design, the development plan of the residential settlement and the technical conditions for connecting communications.
Until August last year, when building a private house, it was necessary to submit a project for approval. If it complied with the development plan and SNiP standards, then the owner was issued a building permit.
This document was valid for 10 years. When the owner of the site changed, the issuance of a building permit was not canceled. Upon completion of the work, the developer could receive a passport for the house, put it into operation and register it with the cadastral register.
ATTENTION! BUILDING PERMIT IS NOW NOT NEEDED AT ALL!
- Date: 09/11/2018
- Category: Useful articles
IN RUSSIA THE PROCEDURE FOR CONSTRUCTION OF RESIDENTIAL BUILDINGS IS SIMPLIFIED
The issuance of a permit for the construction of individual housing construction projects is no longer required (clause 1.1, part 17, article 51 of the Civil Code of the Russian Federation)
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On August 4, 2020, Federal Law No. 340-FZ dated August 3, 2018 “On Amendments to the Town Planning Code of the Russian Federation and Certain Legislative Acts of the Russian Federation” came into force.
This law introduces in Russia a notification procedure for the construction of residential buildings 1) on land plots of individual housing construction, 2) plots of private household plots within the boundaries of populated areas and 3) garden plots of citizens.
Instead of asking for permission to build a residential building, any citizen - the owner of such a plot - has the right to simply NOTIFY the local administration about the planned construction of a residential or garden house (Article 51.1 of the Civil Code of the Russian Federation) by registered mail, through the public services portal or through the MFC, sending the paper in the form type:
“I, full name, living there, passport No., own a land plot (address) with such and such a cadastral number on such and such a right (lease, ownership, free use, etc.), the permitted use of the plot is such and such ( for example: private household plots, individual housing construction, gardening), intends to build on it an individual residential building (garden house) measuring _ by _ meters from 2 (3) floors with a height of _ meters [now allowed up to 20 m]. This house is not intended to be divided into independent real estate units. What I am notifying (notifying) the administration in accordance with Federal Law No. 340-FZ of 08/03/2018. I propose to send to my postal address (or to my e-mail) a notification about the compliance of my house with the parameters established by law for its construction in accordance with Article 51.1 of the Town Planning Code of the Russian Federation. Sincerely, … … … (full name, signature, date).”
Attachment – a title document for a land plot (lease agreement, agreement for gratuitous use, etc., or an extract from the Unified State Register of Property Rights, but it is not required to be attached, since the administration will receive all the information from the Unified State Register via interdepartmental communications or simply look into the computer , where they are anyway).
Next, the administration, within 7 days, checks the parameters of future construction (primarily to determine whether the building complies with the type of permitted use of the land plot and its territorial zone in accordance with local regulations) and sends its notification to the applicant - about the compliance of the building with the established parameters and its admissibility of placement on the land plot.
The form of this notification (and notification from the citizen) will be approved by the Ministry of Construction of the Russian Federation, and while such a form has not yet been approved, it is possible to notify the administration about the planned construction in free form, since Law No. 340-FZ of 08/03/2018 has already come into force into legal force and can be used directly.
The administration no longer has the right to simply prohibit construction, but can only do so in accordance with Part 10 of Art. 51.1 of the Civil Code of the Russian Federation, draw up a notification about the non-compliance of the building with the law and its parameters - but the administration must do this within 7 days, properly justifying its position, and if within 7 days such a notification from the administration does not arrive to the developer, the construction is considered approved (h .13 Article 51.1 Civil Code).
Such a time limit will prevent future construction only in the presence of obvious and gross violations of the law, in particular: 1) when the planned construction does not comply with the established type of permitted use of the land (for example, they are planning to build a residential building on a plot “for gardening”); 2) when the planned construction does not comply with the established development parameters in the PZZ (for example, due to the inadmissibility of placing residential buildings in a particular territorial zone); 3) when a violation of the law is clearly and immediately visible - for example, the land plot is located in some security zone (for example, next to a gas pipeline) and construction there is not allowed at all. In this case, the treasury bears responsibility for losses due to improper notification (Part 15, Article 51.1 of the Civil Code of the Russian Federation).
Failure to receive any letter or notification is considered approval of construction and gives the developer the right to carry out construction according to the parameters specified by him within 10 years from the date of sending his notification to the administration.
This is the legal mechanics of the presumption of good faith of a citizen, the legality of any activity carried out by a person and the fiction of the tacit consent of the state to this activity in the absence of reasonable objections to its implementation as applied to the construction of residential buildings by citizens and families on their land.
SO, TODAY ANYONE CAN BUILD A HOUSE. It remains to make changes to the Law on Personal Subsidiary Farming and the Land Code of the Russian Federation - and it will be possible to build residential buildings not on 1% of the territory of Russia, but EVERYWHERE. These changes are currently being prepared. But the most severe ban and blocking has already been lifted from Russia.
In what cases is it necessary to coordinate construction?
Permission to build a house on your own plot was issued for permanent buildings intended for individual residence. These include private and garden houses.
The current restrictions on the construction of private houses remain the same. The erected structure cannot be divided into several separate objects or used for commercial purposes. On the territory of an allotment intended for individual housing construction, you can build or reconstruct a house with no more than 3 floors, the attic does not count. The maximum height of the building is 20 m, but can be reduced taking into account the shading of neighboring areas.
It is important to consider: the height and area of the house depends on the size of the land plot, which is regulated by design standards.
A building permit is not required for the construction of outbuildings and a garage.
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Other features of obtaining permission to construct multi-apartment buildings
A package of documents is collected not only for obtaining permission to construct an object on the site. Once all papers are in place, the applicant must provide additional information about the building. And this:
- a diagram of the location of the land plot on the cadastral plan of the territory for its inclusion in the system for supporting urban planning activities of the Department of Architecture and Urban Planning;
- list and contents of sections of project documentation;
- a copy of the results of engineering solutions for the facility;
- characteristics of engineering networks;
- building area.
In order to obtain permission to build a house in the Moscow region or Moscow, it is recommended to use the help of a qualified lawyer. Having many years of practical experience and professional knowledge allows a specialist to foresee all the features of this procedure and successfully complete it in the shortest possible time. You need to deal with competent people!
You can order a preliminary consultation by phone +7 (967) 087-44-23 Or use the feedback form. We will be happy to help you resolve any issues that may arise.
What has changed for private developers
Since August 4, 2018, Federal Law No. 340 has been in force, which introduced changes to the main urban planning act of the country. First of all, the changes affected the procedure for approving construction with government agencies. If previously developers had to apply and receive a construction permit, now the law only requires notifying government agencies about the work being carried out.
If the design standards do not comply, government agencies may refuse construction.
If a written refusal is not received, then the reconstruction or construction is considered permitted.
It is important to note: if a previously issued construction permit is still in force for the project, then submitting a notification is not required.
Within a month after the completion of reconstruction, the developer is obliged to submit a notice of completion of construction to the local administration or a special authorized body. A technical construction plan is attached to it.
The review period for both notifications is 7 days.
Which buildings does the innovation apply to:
- Private residential buildings on a permanent foundation, intended for permanent residence and meeting the criteria for individual housing construction.
- Garden houses for seasonal stay, as well as premises providing household and other needs.
Bathhouses, garages and other outbuildings that belong to a private or garden house do not require additional approval. However, violation of the rules for their location on the site (in particular, the distance to the boundaries of the land or sanitary structures) may result in a prohibition of work. Allowable distances to the boundaries of the site and between objects are shown in the figure:
An agreed notice to begin construction, like a permit to build a private house, is valid for 10 years.
Among other changes, the law establishes the possibility of monitoring compliance with the technical parameters of individual housing construction. When information is received about a violation of construction standards, government agencies are obliged to inspect the facility and make a decision on its compliance with SNiPs.
In certain areas (for example, near strategically important objects, water protection zones, airports) additional restrictions may apply. In such situations, before obtaining permission to build a house, it is necessary to coordinate the project with the relevant authority (Rosaviation, Rosprirodnadzor, etc.).
One of the main disadvantages of the notification procedure is that the owner is obliged to clarify himself whether the land plot is included in any security zone. Certificates of permission for individual housing construction must be completed before submitting the notice. Otherwise, the developer will receive a construction ban.
It is important to consider: if the site is included in a natural or water protection zone, the design of a private house must undergo an environmental assessment.
You can obtain information about cultural, natural and other protected areas from the official websites of the administration or from the public cadastral map of Rosreestr.
Do I need permission to reconstruct a house?
Advice from lawyers:
1. Do I need permission for reconstruction and construction of an attic in a house in SNT in 2020?
1.1. It is not necessary to obtain permission for reconstruction or construction of an attic in a house in SNT in 2020.
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2. Do neighbors need permission to reconstruct the house? Construction of the second floor.
2.1. Good day! No need. To obtain permission, you need to contact the architecture department. The application is reviewed within 10 days.
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3. Do I need permission to reconstruct a private house?
3.1. Yes, definitely necessary.
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3.2. Good afternoon It all depends on what you are actually going to do. If this is a large-scale reconstruction, then accordingly you will need to obtain permission for reconstruction in accordance with Art. 51 Civil Code of the Russian Federation. It is also, of course, possible to legitimize reconstruction after it has been completed, but this process is more labor-intensive.
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4. It is necessary to reconstruct an old log house with a second floor extension. Replace the walls with aerated concrete. The house was built on the very border of the plot. Is this possible and what permissions are needed for this. Will the house need to be re-commissioned? Thank you.
4.1. You need to obtain permits for reconstruction from the local administration through the MFC. After the reconstruction is completed, information about the new house must be changed in the cadastral register, then an extract on the registration of ownership of the new house must be obtained.
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5. There is a court decision (which has entered into legal force) on the reconstruction of the roof of the house (it floods the neighbors from the roof). Is a residential building on a garden plot required permission from the administration to reconstruct the roof?
5.1. You do not need permission for reconstruction from the administration (Article 51 of the Civil Procedure Code of the Russian Federation) if there is a court decision that has entered into legal force, which is binding, Article 13 of the Civil Procedure Code of the Russian Federation.
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6. I have a one-story private house built in 1957. On one side of the house the distance to the neighbor's house is less than a meter. This is how it was originally built in 57. We converted the roof into an attic, without permission, how can we now legalize the reconstruction? Our house and the neighbor's are located on a boundary line; do we need the neighbor's consent?
6.1. Evgeniy, the reconstruction will have to be legitimized through the courts. You will need a conclusion from a specialized organization that the reconstruction carried out does not threaten the life and health of citizens and complies with the requirements of SNiP and SANPiN. The neighbor's consent will also be required.
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7. Do I need permission from adult children to reconstruct a house according to the mat. capital, notarized. Children have a share in the house.
7.1. No, permission from adult children is not required.
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8. Do I need permission to reconstruct an open terrace for premises in a house for 5 owners?
8.1. Most likely you will need permission from the other owners.
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9. Was it necessary to obtain permission for the reconstruction of a garden house registered in the cadastral register due to the increase in its area in the period 2012-2015? The purpose of the house is non-residential. Should perestroika be registered now? Is this a self-built building?
9.1. If the reconstruction results in an increase in area, then it is necessary.
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10. My house in DNT was legalized in 2012 under a simplified scheme (dacha amnesty) without a building permit—there is state registration. Now I need to get an inspection certificate for the reconstruction of this house in 2012, but the administration says this is impossible, because there is no building permit. Some kind of vicious circle. The house is legalized. Is their refusal justified? Thank you.
10.1. Hello! If you didn’t take permission, then what should you inspect? When commissioning a facility, the compliance of what is in the permit with the actual construction is checked. Write that the house is legalized, that is, the right is registered according to the declaration, therefore the refusal was quite lawful. For what purposes do you need it?
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11. We bought a plot of land with an old residential house in SNT, the previous owner legalized it under an amnesty. Do I need to obtain permits for the reconstruction of the house (would like to increase the area by adding an extension). There are documents on ownership of land and a residential building. There is no plan for the old house.
11.1. Hello, If you want to make an extension to a residential building, you need permission for reconstruction. You need to make a registration certificate. I wish you good luck and all the best!
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12. The house is jointly owned by three owners. One of the owners begins reconstruction of his share. There is permission for reconstruction. Is it necessary to divide the house (get away from shared ownership) before starting reconstruction? Permission for reconstruction has been received until 2020.
12.1. Good afternoon Natalya Pavlovna! It is not necessary to leave shared ownership.
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12.2. Dear Natalya Pavlovna! You need to allocate your share in accordance with Art. 252 of the Civil Code and if the allocated part corresponds to the text of the permit and the terms of reconstruction, then a second permit is not required. If not, then it is required.
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13. Is it necessary to obtain permission for reconstruction when demolishing a wood-heated stove when the house has gas heating? We want to partially remove the stove and convert it into a fireplace.
13.1. This is not called reconstruction, but re-equipment, and permission is needed specifically for re-equipment.
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14. We are planning to reconstruct the roof. The house stands on the boundary on both sides, built in 1959. The neighbors once had permission to build on the boundary (to the previous owner from deceased neighbors). The house was decorated and sold to us in 1998. Do we need neighbors' consent to reconstruct the roof? We want to make an attic. Thank you.
14.1. If the boundaries of the land plot do not change, then it is not necessary.
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15. I want to know. We live in a private house, can we insulate the veranda in order to increase the living space? Will this be considered a home renovation? Do I need permission for this? And can this be done at the expense of swearing? capital?
15.1. This is a reconstruction, because... falls under clause 14 of Art. 1 of the Civil Code of the Russian Federation reconstruction of capital construction objects (except for linear objects) - changing the parameters of a capital construction object, its parts (height, number of floors, area, volume), including superstructure, restructuring, expansion of a capital construction object, as well as replacement and ( or) restoration of load-bearing building structures of a capital construction project, with the exception of replacing individual elements of such structures with similar or other elements that improve the performance of such structures and (or) restoration of these elements and Art. 25 of the Housing Code of the Russian Federation Reconstruction of premises in an apartment building is the installation, replacement or transfer of utility networks, sanitary, electrical or other equipment that requires changes to the technical passport of the premises in an apartment building. In order to carry out reconstruction, you must come to the Department of Construction, State Expertise and Housing and Communal Services of the Kurgan Region with documents and submit a notification for reconstruction. A response will be given within 7 days. If the answer is yes, then reconstruction can be carried out using maternity capital funds.
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16. I bought a share in the house. We want to make a section, but leave the address that was there. Install different counters, make different inputs. Do I need to take out a separate entrance permit and a subdivision agreement? What papers need to be completed to begin reconstruction?
16.1. Greetings Alexandra. First, you need to make a draft of the allocated share and coordinate it with the local government administration. I mean to take permission for reconstruction. The project will reflect your desires for remodeling the house. You will need to take the notarized consent of the 2 co-owners. After receiving permission from the administration, carry out all construction work strictly according to the project. After construction repairs, the administration will inspect your work and, if they agree, they will give you a work acceptance certificate. You register in the registration office and you already receive documents for your share.
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17. I want to reconstruct my apartment in a two-apartment building with separate plots and separate entrances. Do I need to obtain permission for reconstruction from the city administration?
17.1. Of course, it is necessary to obtain permission for any redevelopment or reconstruction of a house or apartment. To do this, you need to make a project in BTI.
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18. We buy most of the house and land. According to the documents, not a share, but building 1, is it necessary to obtain permission from neighbors to reconstruct the house, and is it necessary to obtain permission from local authorities?
18.1. If you don't have a share, you don't need neighbors. Permission is needed. Redevelopment and (or) redevelopment of residential premises is carried out in compliance with the requirements of the law in accordance with the decision to approve the reconstruction and (or) redevelopment of residential premises in the form established by the federal executive body authorized by the Government of the Russian Federation, issued on the basis of a decision of the Interdepartmental Commission (Appendix No. 1 ). Redevelopment and (or) redevelopment of non-residential premises in residential and non-residential buildings are allowed after the applicant receives a decision from the Interdepartmental Commission on approval of the redevelopment and (or) redevelopment of non-residential premises, which, upon completion of the work, is approved by a resolution of the Head of the city district.
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19. We bought a dilapidated house, we will carry out reconstruction within the boundaries, without increasing the area. The house stands separately on a land plot in shares with an apartment building. Land in 1/2. Do I need to ask neighbors' permission for reconstruction? There is not enough land, the plot is indivisible.
19.1. Good afternoon. In what shares? Is the house in common or shared ownership?
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19.2. Dear Margarita, Moscow! According to Article 244 of the Civil Code of the Russian Federation, Part 1. Property owned by TWO or several persons belongs to them under the right of common ownership. Part 2. Property may be in common ownership with the determination of the share of each owner in the right of ownership (SHARE OWNERSHIP) or WITHOUT determination of such shares (COMMON OWNERSHIP). In accordance with Part 1 of Article 246 of the Civil Code of the Russian Federation, “The disposal of property in shared ownership is carried out by agreement of all its participants.” Thus, as a co-owner of this apartment, you have the right in Court (Articles 131 - 132 of the Code of Civil Procedure of the Russian Federation): - demand the allocation of your share in kind; — demand to split the Personal account for payment of utility bills; — Recognize the share of the Co-owner as insignificant and pay him monetary compensation (Part 3 of Article 252 of the Civil Code of the Russian Federation). Good luck to you Vladimir Nikolaevich Ufa 04/07/2019
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20. We have a private house with a flat roof, we want to convert the roof to a pitched one, do we need permission? What will this be called reconstruction or roof repair?
20.1. — Hello, dear site visitor, if the house is only your property, no permission is needed. Make whatever roof you want. Good luck to you and all the best, with respect, lawyer Legostaeva A.V.
Did the answer help you?YesNo
I own 1/2 share of the house, the size of the land plot is 1323 m2, in my use it is 493 m2, i.e.
We want to reconstruct the house using maternity capital, and shares have already been allocated to the children. Do I need to take permission from children for reconstruction?
Do I need permission from the architecture department to reconstruct a non-residential veranda into a residential one in a house with shared ownership?
A 1.5-storey garage was built on the site, now I decided to make it a full-fledged residential one,
A private house. Individual housing construction. 6/10 belongs to me, the rest to the administration. To obtain permission for reconstruction (increase in area)
An apartment in a two-apartment building was reconstructed. Land for rent.
Is it necessary to obtain permits for the reconstruction of a country house, legalized under the country amnesty in SNT.
I have a 1st floor in Sevastopol. house (Purpose: residential building, cadastre, all documents available)
Do I need permission to reconstruct part of a residential building in shared ownership if the land and the house are owned?
We have a house with 4 apartments, a one-story house with a flat roof, we want to convert our house to a gable roof, our house is attached to a five-story building, tell me if we need permission to reconstruct the roof.
I have a one-story private house built in 1957. On one side of the house the distance to the neighbor's house is about a meter.
What is included in the construction notice?
The notice of planned work shall include the following information:
- Name of the self-government body to which the notification is submitted.
- Personal data of the developer, place of registration and details of an identity document. At the end of the document the date and signature of the applicant are placed.
- Description of the land plot. It is necessary to indicate the type of use of the land (rent or ownership) and capital facilities on it, give the address and description of the site. If a cadastral number is available, this information is also provided. When indicating ownership, you must list all persons who have rights to the land.
- Data on the parameters of the proposed construction. The owner must indicate the area of the house, the parameters of the premises, the height and number of storeys, the layout of the site, the size of the setbacks to neighboring plots, the building ratio, etc. One of the most important points is the layout of the house on the land plot. She is depicted in a special column on the form.
- Other information. To receive a response from government agencies, you need to indicate the address and/or email of the person acting as the developer, as well as a convenient method of notification. When describing the house, it is specifically specified that it is not intended to be divided into several real estate properties.
You can use the construction work notification form.
In many regions, notification can be submitted electronically. For example, in the Voronezh region this can be done using the link https://www.govvrn.ru/usluga/-/~/id/3653952. To do this, you need to fill out the following form and attach documents in the form of files:
If the developer is a legal entity, its representative must indicate the name and location of the owner company, registration number in the Unified State Register of Legal Entities and Taxpayer Identification Number.
Notification of completion of reconstruction or construction work is issued in a similar way.
When and how is a notification about individual housing construction issued?
The administration must be notified of construction before work begins. You can do this in several ways:
- Appear in person at the town planning department of your local government. In Moscow, the developer can contact the one-stop service of the Construction Supervision Committee;
- By post addressed to the administration of the city or settlement. The letter must be sent with a return receipt and a description of the attachment.
- Through the portal "State Services" or MFC.
There is no need to have forms and copies certified by a notary. You will need to pay the state fee only after completion of construction at the stage of registering property rights. Additional costs will arise when contacting law firms, design bureaus and technical expertise bodies.
Within 7 working days, the administration reviews the submitted package of documents and sends the applicant a response notification about the compliance or non-compliance of the object with building codes and plans.
If there is no response within a week, construction or reconstruction can begin without receiving paper from the authorized bodies.
Construction cannot begin before notification is submitted.
What is included in the package of documents
To submit a notification, only documents are required that confirm the legality of using the land plot for individual housing construction. If ownership of the plot is registered in Rosreestr, this information may be requested by the department where the papers are submitted. In the absence of registration, copies of title documents are attached to the notification.
If the package is submitted not by the applicant himself, but by another person, then a power of attorney certifying his authority must be attached to it.
Previously, to obtain a building permit, it was necessary to provide a survey project, an urban planning plan, a project, as well as a diagram indicating the dimensions and location of buildings.
Nowadays, a private developer applies project documentation only on his own initiative. Compliance with SNiPs is determined based on the information in the notification.
Can a building permit be refused?
If the rules of planning and placement in special zones are violated, the administration may send a notice of non-compliance with parameters or inadmissibility of construction on a given plot of land. The most common reasons for this decision are:
- submission of an application by a person who does not have the right to use the land plot for individual housing construction;
- failure to maintain the distance between sanitary or utility buildings;
- non-compliance with area, height and number of floors standards, severe shading of neighboring areas;
- non-compliance with fire safety rules;
- lack of a written agreement on the proximity of a residential building to the boundaries of the neighboring plot;
- violation of construction rules in protected areas, lack of coordination with authorized bodies;
- the need to conduct a state cultural and historical examination (for example, archaeological excavations) in the territories that include the specified land plot.
In the absence of agreement with the administration, the owner will not be able to officially register the building, formalize ownership rights and provide centralized water, heat and electricity supplies. If the house violates sanitary standards or the rights of neighbors (for example, due to too great a height or improper location of the septic tank), the authorized body may apply to the court to demand the demolition of the illegal squatter building.
To avoid additional costs, it is better to check in advance whether the dimensions and location of the future home comply with building codes.
Industrial and commercial buildings
In buildings that are classified as industrial or commercial, their owners have the right to:
- Dismantle and reinstall equipment if the purpose of the room does not change.
- Change the configuration of internal rooms by erecting or dismantling partitions. It is important that the purpose of the rooms does not change and the supporting structures are not affected.
- It is allowed to glaze loggias, balconies and verandas if the houses are not classified as monuments.
- On the territory you can install fences, gates, toilets, gazebos, sheds, outbuildings and other non-permanent objects.
out more accurate information about the types of buildings that can be erected without permission and in the future you will not need to go through the procedure of legalizing the construction from our consultants.
