Individual and low-rise housing construction: similarities and differences

Individual housing construction (IHC)

- a form of providing citizens with housing through the construction of houses on the right of personal property, carried out with the direct participation of citizens or at their expense (SP 30-102-99). An individual housing construction project is a detached residential building with no more than three floors, intended for single-family residence (GrKRF). Usually with the possibility of registration at the place of residence on lands with a permitted type of use “for individual housing construction” (in cities, workers’ settlements, rural areas). Other objects of individual housing construction also include extensions, superstructures to them, attic floors, outbuildings and other buildings on the property site, including manor residential buildings.

Permit for individual housing construction[ | ]

Main article: Initial permitting documentation

According to the requirements of Part 9, Art. 51 GrKRF:

"9. For the purpose of construction, reconstruction, major repairs of an individual housing construction project, the developer sends... an application for a building permit. <…> 1) title documents for the land plot; 2) urban development plan of the land plot; 3) a diagram of the planning organization of the land plot indicating the location of the individual housing construction project. <…> 19. …

The applicant is relieved of the obligation to provide title documents for the land plot and urban planning plan.[1] since: in part 9.1.art. 51 of the Civil Code of the Russian Federation clarified that „ documents (their copies or information contained in them) specified in paragraphs 1 and 2 of part 9 of this article are requested by the bodies specified in paragraph one of part 9 of this article, in state bodies, local government bodies and subordinate state bodies or local government organizations that have at their disposal the specified documents in accordance with the regulatory legal acts of the Russian Federation, regulatory legal acts of the constituent entities of the Russian Federation, municipal legal acts, if the developer has not submitted the specified documents independently.”

(Part 9.1 introduced by Federal Law dated July 1, 2011 N 169-FZ)

From 08/04/2018, a permit for the construction of an individual housing construction project or a garden house is not required. You need to give notice. Notification of the planned construction or reconstruction of an individual construction project or garden house. For example, in Moscow it must be submitted to the State Construction Supervision Committee of the city of Moscow.[2] In response to the submitted notification, the authorized body must respond within seven working days with either a notification about the compliance of the planned construction, or about its non-compliance.[3]

Permission for individual housing construction is issued for ten years.”

Individual residential construction

Advice from lawyers:

1. What documents are required for the construction of an individual residential building?

1.1. To build an individual residential building, you must have a document confirming ownership or other legal right to the land, and you must also have a corresponding project and a construction permit issued by the administration of your settlement.

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2. Is it possible to build an individual residential building in zone R-2 on an individual housing construction plot?

2.1. Find out what zone R-2 is. Construction of a residential building is possible with the permission of the local administration and according to an approved project, during the development of which all “ifs” are taken into account and all construction approvals are available.

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3. Is it possible to conclude a contractual agreement during the construction of an individual residential building?

3.1. Conclude a contract.

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4. I am the owner of an apartment in a two-flat building. Name and purpose of the object: Residential premises, type of premises: apartment. The land plot is divided under my apartment and is not registered. VRIO earth. plot: Low-rise residential development (individual housing construction; placement of country houses and garden houses). Is it possible to buy back the land in this case? plot?

4.1. Study your local codes, especially regarding the minimum charge size. If the plot is registered in the cadastral register, then it is registered, and it also has an owner - the municipality. You will not be able to buy out a part or interest in the right of ownership.

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5. Construction of a large shelter for homeless animals at a distance of 300 meters from a residential microdistrict of individual development, which runs counter to the law on silence.

5.1. Hello! Who are you interested in?

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5.2. Hello. File a lawsuit.

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6. What are the consequences of changing the status of land from “individual construction of a residential building” to “individual residential construction”

6.1. According to the classifier, the type of permitted use is “individual housing construction”

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7. Received compensation for building a house with maternity capital. The owner is the spouse. An individual residential building, 81.8 sq.m., is jointly acquired property. The family has two children. How many shares to allocate to children? Is it possible to do without a notary?

7.1. Without a notary - no. By shares - no less than 1/4

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8. My share is not in the property; I transferred it from residential premises to non-residential premises. It is necessary to supplement the intended purpose of the land plot for individual construction with individual construction and office placement. The co-owners object. What should I do.

8.1. There is no such purpose for the site as office space. This is not industrial production. Offices can be located on a plot of land intended for the construction of an apartment building. Just non-residential premises. The building in which they are located must have a separate entrance. Therefore, you do not need to bother yourself with this far-fetched problem.

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9. My parents have a land ownership document which states that the land has been transferred for the construction and maintenance of an individual garage. There is also a cadastral passport for land and a cadastral passport for visits. In which it is indicated that the visit is not residential! And permitted use: garage object. Question: is it possible to build a house on this garage, up to 3 floors. And what should you start doing first? How do I understand trying to convert the visit to residential? Thank you in advance.

9.1. Good afternoon First, you need to find out the type of permitted use of the land plot, if individual housing construction is allowed, then you need to obtain a construction permit, then build quietly, if there is no permitted use of construction for individual housing construction, then you need to change it, through the administration and then the same thing. Otherwise, you risk running into problems.

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9.2. First you need to change the purpose of the land plot and garage. To do this, you need to contact your local administration. If territorial zoning allows you to change the intended purpose of a land plot, then a lengthy procedure follows for changes in documents, approval, etc.

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10. My parents have a land ownership document which states that the land has been transferred for the construction and maintenance of an individual garage. There is also a cadastral passport for land and a cadastral passport for visits. In which it is indicated that the visit is not residential! And permitted use: garage object. Question: is it possible to build a house on this garage, up to 3 floors. And what should you start doing first? How do I understand trying to convert the visit to residential? Thank you in advance.

10.1. Now it will not be possible to transfer residential property. You need to start from the ground (purpose). Must be under individual housing construction. If you translate, then the premises will work out.

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10.2. Good afternoon In order to help you, please send the cadastral number of the land plot.

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11. I inherited half of the house from my father, the remaining half of the house was awarded to my father’s ex-wife by court, the land for construction in 19991 was given to my father under a standard agreement on the construction of an individual residential building on the right of personal ownership on the allocated land plot. He and his ex-wife were registered in 1997. Tell me what to do with the land, it is not privatized for anyone. Can the ex-wife privatize, or should I, as an heiress, do this?

11.1. Hello, all owners of premises in the house located on this plot of land must apply for the transfer of ownership of a land plot. In your case, this is you and your father's ex-wife.

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11.2. Hello. 1. Contact the MFC with an application for the provision of a land plot in equal shared ownership. If you do this at the same time and together with the second heir, then the plot must be given ownership. 2. If the second heir refuses to file a claim with you, still contact the MFC, since you need to receive a refusal in order to subsequently file a claim in court. 3. After receiving a refusal, go to court. The statement of claim can be drawn up and all instructions given after providing additional information.

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12. My sister and I inherited real estate on a land plot; later this plot was bought from each of us with 1/2 of the property and land, the category of land-land for settlements is individual housing construction. Now I want to build a residential building. Do I need my sister’s consent for construction, what documents do I need to obtain permission to build a house, and how to divide the land plot into two addresses before or after construction begins?

12.1. Hello! To begin, contact the administration for an urban planning plan for the land plot. It will be clear from it what the possible percentage of development of the site area is. The sister's consent will be required upon completion of construction. Before the start of construction, a notice of planned construction is sent in the form established by the Ministry of Construction. It is better to divide the land plot before construction, if such a possibility exists, based on the rules of land use and development. I mean the minimum possible size of a land plot.

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13. I received a certificate under the “Young Family” program for the construction of an individual residential building and I want to enter into an agreement with a contractor and do the construction work myself without paying for his further services. Is it possible to do this within the program?

13.1. Good afternoon Evgeniy. If you do this, then this is a crime under Art. 159 of the Criminal Code of the Russian Federation.

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14. I am interested in this question: if a son takes out a mortgage loan for himself for the construction of an individual residential house while living with his parent, he can later, when he gets married, take out a mortgage as a young family.

14.1. Good evening! Current legislation does not limit the number of mortgage loans per person. But Mr. You can’t go through the mortgage program twice, so using the state. support for obtaining a mortgage as a young family is possible up to 35 years of age, regardless of the fact that you have already taken out/paid off an earlier housing loan.

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14.2. Since he’s already taking out a loan, why would he need a second one? It will be expensive.

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14.3. State mortgage A young family will pass the program if it is according to the state. program first. Spouses must be no older than 35 years.

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15. A refusal to build a house was received, they write that the placement of an individual residential building in the territorial zone Zh-r is not provided for by the town planning regulations, that the zone within the boundaries of which provides for the implementation of activities for the comprehensive and sustainable development of the territory. Is it possible to somehow get a positive solution, please tell me.

15.1. Good afternoon No impossible. It is useless to go to court.

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16. I have municipal land leased for individual construction of a residential building. Can land rent be 10 times the land tax?

16.1. Dear Lyudmila, You must pay rent. Land tax is paid by the owner of the plot; it depends on the cadastral value, the prestige of the location, and the intended purpose. Therefore, rent may differ from land tax. Need help please contact us. T.89059852284

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17. According to the settlement agreement, a court order was issued on the division of the residential building in kind, indicating the premises. When registering, a justified refusal was received. Part of the house and premises are not registered. How to go to court to change the court order so that the residential building is transferred to a blocked development and allocated a block to each person. Block 1 and block 2, for example. At the same time, we take into account that the land is already registered. land for individual construction.

17.1. You need to apply to the court, indicating that there are circumstances that make it difficult to enforce the judicial act. In any case, talk to the assistant judge who made the ruling.

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17.2. If you have already resolved the issue with the technical possibility of dividing the house in kind, then the refusal to register is unfounded (Rosreestr must execute the judicial act), you need to appeal it and demand in court to register your real estate.

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18. I bought a plot of land to build a house, the GRU statement says that these are lands of settlements, and the type of permitted use is: To accommodate an individual residential building. I notified the administration about the start of construction and received an answer that I do not have the right to build, because... this land (on which the site) according to the general plan and land use rules belongs to production P 1 and P 3. How can this be?

18.1. Anything is possible, the registry system is not perfect. Specify the category of the land; apparently, it will have to be decided in court.

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18.2. Good afternoon In accordance with Art. 31-33 of the Civil Code of the Russian Federation, you can submit an application to the commission to amend the PZ! If there are no changes, then you will have to decide in court when the rights arose, the boundaries of the site and when the P 1 zone arose! Best wishes!

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19. Plot 10.6 acres. Zone Zh-1, lands of populated areas. The main type of use is individual housing construction. Can I change the primary use to semi-detached residential (townhouses). And in the future, divide it into several plots, with a minimum plot size of 200 m 2 (5 plots) for further development (data according to the town planning regulations adopted in our area)? If this is real, then where to start and where to go? Thanks for the answer!

19.1. Land use is a local issue. Contact the land department of the municipal district administration at the location of the site.

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20. Low-rise residential building? Individual housing construction? Single-family residential building? according to the project 4 floors and 20 m height (Tula)

20.1. Good afternoon First, look at what type of permitted use the land has. It is from this that we must build. Individual housing construction cannot have more than 3 ground floors. The purpose of a residential building can be: an apartment building, a residential building (IZhS), a block building. The rest is just names. In addition, you need to submit a notice of planned construction under Art. 51.1. The Civil Code of the Russian Federation, in the notification of the possibility of placing (refusal to place) an object, will indicate to you errors and what needs to be changed. Best wishes!

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Is it possible on a site with VRI Permitted use: For individual residential development (according to the document:

In 2020, I bought a plot of land, but the building permit was denied because the plot falls within the sanitary protection zone (OD 1)

Can they refuse to renew my land lease agreement for a new term (3 years)

We received a positive conclusion for the construction of an individual residential building; the house is located outside the power line security zone.

We submitted an application to the Federal Registration Service for the Krasnodar Territory in Novorossiysk for a transfer

A large family is provided with free ownership of a land plot under the program “Providing housing for large families...

Do I need a permit to build an individual residential building? The house is already built on the land in the property.

A neighbor built an individual residential building next to our plot with a height of 12 m and a bathhouse with a height of 10 m, which shades our plot.

We submitted a notification about the reconstruction of a residential building in SNT and received a response that the construction of an individual residential building in SNT is impossible, what can you tell us to do?

The question is: The investor is ready to provide funds for the construction of an individual residential building,

I want to buy a studio in a three-story house that was built in the Moscow region on land for individual residential construction, I want to understand what the risks are.

Dimensions and general plan[ | ]

Houses and other buildings on individual housing construction sites

The constructed building must necessarily comply with the characteristics indicated in Articles 48 and 49 of the Town Planning Code. For example, the maximum height of a house is limited to 3 floors. But it is possible to build a four-story building if the last floor serves as an attic.

The most common direction for using individual housing construction sites is the construction of permanent buildings with subsequent residence. In addition to residential buildings, you can also build non-residential premises for other needs - for example, a garage or a bathhouse. However, the characteristics of the constructed buildings must comply with the standards established by law. Failure to comply with them, as a rule, entails administrative liability.

Project for an individual housing construction project[ | ]

Main articles: Architectural project

and
Project documentation
Plan of a private house. Finland, 1937

Project for the construction of a private residential building

includes two main parts: architectural and construction and engineering.

The approximate composition of the design and technical documentation includes (according to SP 11-111-99 and SPDS)[9]:

Situation plan (M1:500);
Topographic survey of the area with the adjacent part of the street (M1:500);
General plan of the site: with a vertical layout and linking the project to the area (M1:200—1:1000);
Plan of the basement (technical underground, ground floor);
Floor plans (M1:100, 1:50);
Front and side facades of buildings (M1:50, 1:100);
Sections of the house (characteristic) (M1:100, 1:50);
Plans for floors and coverings of non-repeating floors (M1:100);
Plan and specification of roof truss elements (M1:100);
Roof plan (M1:100, 1:200);
Foundation plan (M1:100, 1:50);
Section of foundations (longitudinal and transverse sections), characteristic architectural and construction units and details (M1:10, 1:20);
General explanatory note and technical and economic indicators;
Estimated and financial calculation of construction costs;
Engineering support drawings (as per design assignment); Electrical section, circuit diagram and main distribution board, lightning rod diagram;
Section on water supply and sewerage, sewerage installation diagram, axonometric diagram of cold and hot water installation;
Section on heating and ventilation, heating system installation diagram;
Section on gas installation, gas installation layout diagram;

Project passport.

State examination is not carried out in relation to the design documentation of individual housing construction projects (Part 2, Article 49 of the Civil Code of the Russian Federation). Preparation of design documentation is not required during construction, reconstruction, and major repairs of individual housing construction projects. The developer, on his own initiative, has the right to ensure the preparation of design documentation in relation to individual housing construction projects (Part 3, Article 48 of the Civil Code of the Russian Federation).

Project passport for a private residential building[ | ]

Approximate list of materials included in the passport of a private residential building project

(SP 11-111-99):

Agreement for the construction of a private residential building on the right of personal ownership on an allocated land plot;
Administration resolution on construction permission;
A document certifying the developer’s right to the land plot;
Architectural and planning assignment (APZ);
Assignment for the design of a private residential building and outbuildings;
Situational plan;
Copying the relevant urban planning documentation from the master plan;
Engineering-geological surveys (if necessary);
Technical conditions for connecting to utility networks (TU) with a diagram;
Floor plans, elevations, sections;
An act on the full-scale establishment of the boundaries of a land plot and the breakdown of buildings (with a drawing diagram).

Registration of individual housing construction[ | ]

Individual housing construction: concept analysis and judicial practice

As the court of cassation indicated, on the day of consideration of the case in cassation proceedings, Bolshakov Yu.M. the ownership of the land plot provided to him in 1982, on which the buildings belonging to him are located, was registered.

Based on this court decision, Bolshakov Yu.M. ownership of the disputed object was registered on October 31, 2011, which is confirmed by registration entry N 25-25-01/113/2011-096, made in the Unified State Register of Rights to Real Estate and Transactions with It, and issued to Bolshakov Yu.M. certificate 25-AB N 671942 on registration of rights.

Notes[ | ]

Civil Code of the Russian Federation, Article 51. Construction permit / ConsultantPlus (unspecified)
. www.consultant.ru. Retrieved March 14, 2020.
Notice of the planned start of construction (unspecified)
.
Official website of the Mayor of Moscow
.
Response from Mosgosstroynadzor (unspecified)
.
GKKI
.
SNiP 2.07.01-89. Urban planning, planning and development of urban and rural settlements.
MDS 41-2.2000. Instructions for the placement of thermal units intended for heating and hot water supply of single-family or semi-detached residential buildings.
SNiP 2.08.01-89. Residential buildings.
SNiP 2.07.01-89. Appendix 1: Fire safety requirements.
In accordance with the “Rules of land use and development” of the municipality and regulatory legal acts of local governments (Article 33 of the Land Code of the Russian Federation - article repealed in 2015
Composition of the residential building project () (undefined)
. Archived from the original on April 23, 2009.
Order of the Ministry of Economic Development of the Russian Federation dated August 17, 2006 No. 244 “On approval of the form of a technical passport for an individual housing construction project and the procedure for its registration by an organization (body) for recording real estate objects.”
Order of the Ministry of Justice of the Russian Federation dated February 18, 2008 No. 32 “On approval of forms of cadastral passports of a building, structure, unfinished construction site, premises, land plot.”
The composition of documents required for cadastral registration is established by Art. 22 No. 221-FZ of July 24, 2007 “On the state real estate cadastre.”

Literature[ | ]

Directory of individual developers. From calculation formulas to saving materials / Comp. V. I. Ryzhenko. - M., 2005. - 448 p.
Asaul A. N., Denisova I. V.
Development of individual housing construction in rural areas (using the example of the Leningrad region). - St. Petersburg: SPbGASU, 2002.
Asaul A.N. et al.
Theory and practice of low-rise housing construction in Russia. - St. Petersburg: "Humanistics", 2005. - 563 p.
TSN 301-97-YAO. Individual development in the Yaroslavl region. Part I. The procedure for developing and approving design documentation for individual construction
RSN 70-88. The procedure for developing and approving design documentation for individual construction in the RSFSR
SP 11-111-99. Development, coordination, approval, composition of design and planning documentation for the development of low-rise housing construction areas
SP 30-102-99. Planning and development of low-rise housing construction areas
SNiP 02/31/2001. Single-apartment residential houses (SP 55.13330.2011)
NPB 106-95. Individual residential buildings. Fire requirements
SP 31-106-2002. Design and construction of engineering systems for single-family residential buildings
MDS 40-2.2000. A manual for the design of autonomous engineering systems of single-family and semi-detached residential buildings

Individual and low-rise housing construction: similarities and differences

When practically starting to divide an individual residential building, the owners immediately face the question of the legal regime of the allocated part of the house. If you don't think about this, insoluble problems may arise in the future. Among them are the main ones: the impossibility of registering the allocated part with the cadastral register, obtaining an independent postal address, and registering ownership.

individual residential buildings - detached residential buildings with no more than three floors, intended for one family;
blocked residential buildings - residential buildings with no more than three floors, consisting of several blocks, the number of which does not exceed ten and each of which is intended for one family, has a common wall (common walls) without openings with the neighboring block or neighboring blocks, located on a separate plot of land and has access to public territory;
multi-apartment residential buildings - residential buildings with no more than three floors, consisting of one or more block sections, the number of which does not exceed four, each of which contains several apartments and common areas and each of which has a separate entrance with access to public area.

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