Documents for building a house. Necessary documents for the construction of a private house


Before constructing any structure, it is worth understanding the issue of how to obtain permission to build a house in New Moscow. The procedure is clearly stated in the legislation of the Russian Federation and is valid for all citizens of the country. Failure to comply with the law may lead to the construction being declared illegal with the corresponding consequences - the impossibility of obtaining documents for the object, the imposition of fines and other penalties. Below we will consider in detail what the essence of the permit is, why it is needed, how to draw up the document, and what package of papers needs to be prepared.

The construction of any structure (residential building, commercial or industrial facility) requires obtaining permission to carry out such work. In recent years, a stereotype has developed that the presence of a dacha amnesty frees one from the need to draw up a document. This idea is erroneous, because the mentioned program applies to other types of buildings.

A building permit is an official document confirming the ability of a certain developer to carry out construction work on a specific plot of land. The presence of the document confirms that the relevant authorities have received and approved the project for the construction of an individual or other building, taking into account the current requirements of the law.

Having a permit is mandatory not only for the full construction of an object, but also in the case of a major overhaul of an existing building, when its layout changes during the work. Ignoring legal requirements and constructing a building without obtaining permission leads to the impossibility of registering the owner of a new building, as well as the accrual of large fines.

Since 2016, individual housing construction objects built without the approval of the relevant structures will not be registered in the cadastral register, nor will it be possible to obtain ownership rights for them. Consequently, a new building cannot be sold, rented out, or passed on to loved ones by inheritance. In addition, it will not be possible to connect electrical and gas communications to the illegal structure.

How to obtain a building permit in New Moscow?

To go through all the stages of obtaining a permit for the construction of an individual, commercial or industrial facility, you must contact special structures. As a rule, these are municipal authorities at the location of the site. Today, the architecture department is responsible for issuing construction documents. In relation to New Moscow, the work is carried out by the capital's State Construction Supervision Committee, as well as the Moscow State Construction Supervision.

To obtain permits, you need to take the following steps:

  • Fill out an application taking into account current requirements.
  • Prepare the necessary list of papers (listed below).
  • Submit the application, as well as a complete set of papers, to Mosgosstroynadzor.
  • Provide a document confirming the identity of the party submitting the application. If the transfer of papers is carried out by a representative, the latter must have an officially executed power of attorney.

After this, the relevant authority reviews the application and submitted documents, and within 10 days issues a permit or refuses.

In the case of individual housing construction (individual residential construction), the process of obtaining permission is simplified as much as possible. To obtain a document allowing the construction of a private house in New Moscow, you need to take the following steps:

  • Fill out an application with a request to issue a permit for the construction of individual housing construction.
  • Hand over the papers that must confirm the right to a plot of land. This may be a lease agreement or a document confirming the fact of ownership of the plot.
  • Submit a town planning plan for the site.
  • Submit a plan for the organization of the site where construction is planned. It must indicate the location of the building's construction.
  • Submit the application and all papers to the Moscow State Construction Supervision.

Types of permits

Today there are two types of permits for the construction of objects:

  • For different types of work (without restrictions). The document allows for various types of installation and construction activities to be carried out at a specific site.
  • For certain types of work. Permission is issued for specific activities. This can be excavation work, supplying (connecting) communications, building a foundation, installation, construction, and so on.

On what grounds is it issued?

To eliminate problems with obtaining a construction permit, ensure compliance with current laws and speed up the process, it is important to provide the grounds for issuing a permit, namely:

  • Documents that guarantee the right of ownership of a plot of land or a lease agreement for a plot with its legal owner (a copy is sufficient).
  • A project for future construction, drawn up in accordance with all the rules and regulations of current legislation.

Stages

The process of obtaining permission and constructing an individual housing construction project or other real estate takes place in several stages:

  • Obtaining information on an issue of interest.
  • Drawing up an Act authorizing the use of land for construction. It is worth considering that such a document is valid for a year from the date of provision.
  • Obtaining an opinion from an expert, as well as a construction permit.
  • Drawing up a warrant allowing the necessary set of works to be carried out.
  • Registration of a new building with government agencies.
  • Putting the building into operation, as well as carrying out its technical inventory.

Required documents

As noted above, the Moscow State Construction Supervision Authority is responsible for issuing permits for construction in New Moscow. The list of documents that you need to have on hand for the construction of commercial real estate includes:

  • An application that must be drawn up in accordance with legal requirements. Submission is made electronically through the official resource of the mayor's office of the capital of the Russian Federation. To submit an application, you must go to the services section.
  • Passport of the person who plans to construct an object on a land plot. If a representative is involved in preparing documents, a power of attorney is required.
  • Papers granting the right to a plot of land. This includes a copy of the certificate confirming ownership, or an extract from the Unified State Register. If there is a rental agreement, the document must be registered in the state registry.
  • Project for a new facility. Must be approved by the Ministry of Construction, as well as city (regional) structures. This requirement is mandatory for commercial real estate.
  • Urban planning plan. This is an official document that provides information about the land allotment and the future structure. Without presenting this document, it will not be possible to obtain a permit to build a house.
  • Results of the state examination of the project. This work can be undertaken by public or private organizations. In the latter case, accreditation is required (a copy of the document is sent along with all the papers).
  • Permission to exceed construction limits (in some cases). The need for such a document is caused by the fact that the area of ​​the land plot is less than that prescribed in the laws of the Russian Federation, that is, five acres. In addition, paper may be required if construction is carried out on a non-standard site that has a special topography or unusual geological factors that complicate the construction process.

Documents for individual housing construction

To obtain permission for objects falling under the category of individual housing construction, small housing construction or private household plots, the list of documents is smaller:

  • Passport (copy of document).
  • Power of attorney, if a representative is involved in registration issues (a copy of the document must be notarized).
  • SPOSURE.
  • GPZU (coordination with government agencies is required).
  • Cadastral extract in two forms (electronic and standard).
  • A plot lease agreement or papers confirming ownership. Originals and copies will be required here.

The papers listed above are enough to obtain permission to construct buildings for various purposes in New Moscow.

Documents for the Moscow region

For the Moscow region, the design principle and list of papers are different. Here you will need:

  • An application issued in the name of the mayor.
  • Title papers (in relation to the site).
  • Architectural design documentation for the building (desirable).
  • Cadastral extract in paper form (must be issued no later than 3 months before submission).
  • GPZU - must be agreed upon and approved.
  • Topographical survey of land.
  • Situation plan (optional).

Can a permit be refused?

Authorized bodies have the right to refuse to issue permits. Moreover, they can return the papers almost immediately after delivery. This is possible in the following cases:

  • The applicant applied to a Moscow authority that does not provide public services.
  • The application is filled out incorrectly or some fields are missing.
  • The person handed over an incomplete package of papers required by law when obtaining permission.
  • The submitted documents (one or more) have become invalid.
  • The request was submitted on behalf of an entity that does not have the authority to do so.
  • The applicant cannot act as a recipient of public services, taking into account the current regulations.
  • The party submitting the application violated the regulations (clause 1.3).
  • The digital signature in a document in electronic form does not belong to the applicant.

When is a refusal possible after accepting papers?

Even if the documents are accepted, the relevant authorities have the right to refuse to grant a construction permit. This is possible in the following cases:

  • The transferred papers do not comply with the requirements that are specified in the regulations, reflected in the territory planning project or its land surveying in relation to the construction or reconstruction of the facility. During the verification process, the requirements that are in force on the day of issuance of the permit for the construction of the facility and the transfer of the GPZU are taken into account.
  • Absence of papers required by the Regulations (clauses 2.8 to 2.12, except 2.10).
  • Failure to comply with the submitted papers with the requirements specified in the permit for deviation from the boundary standards of permitted construction.
  • Non-compliance of the submitted papers with the requirements of the project documentation regarding planning and land surveying. This is relevant for cases when a person plans to build a linear facility.
  • The presence of deviations in the documentation regarding the permitted use of the land plot or restrictions of legislation (land and other).
  • The provided documents (one or more) have become invalid.
  • The applicant plans to obtain permission for capital construction projects, namely multi-apartment buildings located within plots of land belonging to local or state property, and leased for development of the territory. In this case, additional documents are required.
  • The presence of contradictory or false information in the provided documents.
  • A person who has applied for a construction permit cannot act as a recipient of public services, taking into account the rules of the current administrative regulations.
  • There are contradictions in the documents that were identified through interaction with other bodies.

In what cases is a building permit not required?

The permit procedure can be avoided in the following cases:

  • Construction of a garage on your own plot of land, which is not used for business activities and will only serve for farming.
  • Repair and construction of stalls, canopies, kiosks and other structures that are not capital construction projects.
  • Construction of auxiliary structures in the local area and in the country house.
  • Restoration of a building that does not affect capital construction, layout, design parameters, as well as characteristics affecting the safety of the facility. In addition, the work carried out must not violate the permissible standards and parameters prescribed in the current urban planning regulations.

Any construction starts from the ground. Therefore, first of all, it is necessary to understand how the land plot is allowed to be used. The possibility of construction depends on certain characteristics of the site: category of land and type of permitted use. They can be found out from the cadastral passport (plan, extract) of the land plot.

Difficulties may arise with the construction of a house on a site that does not belong to “land of settlements”. If this is “agricultural land”, you can transfer the plot to the desired category. If we are talking about lands of specially protected areas, defense, communications and others, a construction permit may not be issued, and the transfer of such lands to another category is impossible.

Problems may also arise with the purpose (type of permitted use of the site). The law allows the construction of a residential building on a summer cottage or plot intended for personal farming (if it is located within the boundaries of a populated area), but prohibits doing this on a garden plot.

If the site is intended “for individual housing construction” or “for the maintenance and operation of a residential building,” the task is simplified.

The need to obtain a building permit

The first step in the process of building a country house is obtaining a building permit. The legal basis in this matter is Article 51 of the Town Planning Code. A construction permit is a document that certifies the compliance of project documentation with the requirements of the urban planning plan of the land plot and gives the developer the right to carry out construction.

Before applying for a building permit, you need to understand whether this is required in your case.

Currently, Federal Law No. 93-FZ of June 30, 2006, as amended by Federal Law No. 174-FZ of July 17, 2009, on the “dacha amnesty” is in force. Its meaning is that in order to register ownership of an individual residential building or an object created on a land plot located within the boundaries of a settlement and intended for personal farming, permission to put the object into operation is not required. In order to obtain permission to put a facility into operation, it is necessary to provide, among other things, a construction permit.

In accordance with the “dacha amnesty”, for state registration of property rights it is necessary to provide documents confirming the fact of the creation of such a real estate object and containing its description. Until March 1, 2015, the cadastral passport of an individual residential building is the only document confirming the fact of the creation of such an object and containing its description. Thus, if the construction is planned to be completed and documents are submitted for state registration of property rights before March 1, 2015, then the building can be registered without a building permit.

It must also be remembered that the above is true if there are no plans to make transactions with an unfinished house, otherwise a building permit will be required to register an unfinished construction project. When considering the need to obtain a Permit, regardless of the registration of a completed construction project, it should be noted that the construction permit itself, as a document giving the developer the right to carry out the construction and reconstruction of capital construction projects, is necessary. The law provides for administrative liability for carrying out construction work without a permit.

General list of documents

Part 7 art. 51 of the Town Planning Code of the Russian Federation regulates the list of documents required to obtain permission to construct a capital construction project.

In general, these are the following documents:

  1. Statement;
  2. Title documents for the land plot;
  3. Urban planning plan of the land plot;
  4. Materials contained in the project documentation:
    1. Explanatory note;
    2. A diagram of the planning organization of the land plot, made in accordance with the urban planning plan of the land plot, indicating the location of the capital construction object, entrances and passages to it, the boundaries of public easement zones, archaeological heritage sites;
    3. A diagram of the planning organization of the land plot, confirming the location of the linear object within the red lines approved as part of the territory planning documentation in relation to linear objects;
    4. Diagrams showing architectural solutions;
    5. Information about engineering equipment, a consolidated plan of engineering support networks indicating the places of connection of the designed capital construction facility to the engineering support networks;
    6. Project for organizing the construction of a capital construction project;
    7. Project for organizing work on the demolition or dismantling of capital construction projects and their parts;
  5. Positive conclusion of the state examination of project documentation (in relation to the design documentation of objects provided for in Article 49 of the Town Planning Code), positive conclusion of the state environmental examination of project documentation in cases provided for in Part 6 of Article 49 of the Town Planning Code;
  6. Permission to deviate from the maximum parameters of permitted construction, reconstruction (if the developer was granted such permission in accordance with Article 40 of the Town Planning Code);
  7. Consent of all rights holders of a capital construction project in the event of reconstruction of such a facility.

List of documents for a private developer

A private developer (that is, someone who intends to build a residential building intended for single-family residence, no more than three floors in height) needs only three documents to obtain permission:

  1. Title document for the plot (registration certificate, resolution on the allocation of the plot or other document);
  2. Urban planning plan of the site;
  3. Planning organization diagram.

The planning organization diagram is a conventional diagram of the location of the future house on the site. The urban planning plan must be obtained from the local administration. As a rule, they are given a long list of what the developer needs to collect and bring to draw up such a plan: technical specifications for electricity, gas, water and sewerage, a fresh topographical survey of the site, a certificate from the local authority for the protection of cultural heritage, some even require a house design . According to the requirements of regulatory documents, the developer is not required to collect any of this. He only needs to write an application for the issuance of a town planning plan; all other documents will be collected by the local administration itself. This was pointed out by the Supreme Court of the Russian Federation.

It must be remembered that the Permit is not tied to a specific person, but is valid for the site as a whole, with the exception of certain cases. If a house is being built intended for the residence of more than one family (apartment or semi-detached - the so-called “townhouse”), such a “simplified” procedure for obtaining permission does not apply to it, the developer must prepare all the documents listed in Part 7 of Art. 51 of the Town Planning Code of the Russian Federation.

According to Part 17 of Art. 51 of the Town Planning Code, the issuance of a building permit is not required in the following cases:

  1. Construction of a garage on a land plot provided to an individual for purposes not related to business activities, or construction on a land plot provided for gardening or summer cottage farming;
  2. Construction, reconstruction of objects that are not capital construction objects (kiosks, sheds and others);
  3. Construction of buildings and structures for auxiliary use on the land plot;
  4. Changes to capital construction projects and (or) their parts, if such changes do not affect the structural and other characteristics of their reliability and safety and do not exceed the maximum parameters of permitted construction and reconstruction established by town planning regulations.

The authority authorized to issue construction permits checks, firstly, the presence of all necessary documents attached to the application; secondly, the compliance of the planning organization scheme of the land plot with the designation of the location of the individual residential building with the requirements of the urban planning plan of the land plot.

If all documents are available and no discrepancies are identified within ten days from the date of receipt of the application for a construction permit, such a permit must be issued to the applicant. Otherwise, a reasoned refusal to issue such a permit must be issued. The reasons for refusal to issue a building permit may be either the submission of an incomplete package of documents, or the non-compliance of the submitted documents with the requirements of the urban planning plan of the land plot.

Many people who own a plot of land believe that they can build “whatever their heart desires” on it, without obtaining any building permits. Of course, this is the most important misconception, which can, in the future, lead to rather unpleasant consequences: the impossibility of connecting water, electricity and gas to the building, the lack of the right to make transactions in relation to an illegally built house, even the demolition of “samostroy”, although only by court decision .

If the court renders a verdict of “demolish,” then the owner of the house has no right to interfere with this process, since he erected the building illegally, ignoring all the rules. To avoid deplorable situations of this kind, everything must be done in accordance with the letter of the law.

How to obtain permission to build a house

First you need to go to the administration department to which the land you own belongs. There, a petition is drawn up stating that it is allowed to begin construction of the house; this document must be made in two copies. To do this you will need:

  • Passport
  • Certificate for this land territory (original + copy)
  • Application to the head of the village council for permission to begin construction (written right on the spot)

The second step will be to create a residential building project. Here, the owner of the site faces a difficult task: to build according to the design of an organization that is constantly engaged in such activities and has all the appropriate permits for it, or to create his own project.

If you decide to take the first path, then you need to take from the organization to which you entrust this task two copies certified by it: a copy of the license and the house design. Some customers commission such companies to create a new project for their future home.

If you choose this option, then you will need:

  • order a plan of the site and its other objects along with the house 1:500;
  • order a plan that shows all the floors and the roof 1:100, you must also indicate all the openings: door, window, that will be in the building;
  • create photos of the facade
  • provide a land certificate (copy)

Still, you decided to build the building yourself, then first you will call a special service to the territory under construction, which will be able to inspect the land and issue a certificate stating that everything is suitable for starting work. Then you need to make a plan for the executive topographic survey of the site; this document will be required for the subsequent registration of the cadastral passport.

The next step is to submit an application to remove the axes of the land plot and the house for construction. If there is already a “squatter building” on the territory, then the customer will have to carry out a topographic survey for it as well, providing a copy of the land certificate for this site along with its construction plan. We remind you that a building that was erected without a permit may be demolished by court decision, since it was built in gross violation of rules and safety standards.

“An unauthorized structure cannot be registered with the BTI authorities, the necessary communications can be connected to it and a purchase and sale transaction can be completed. If you still decide to take such a step, you will receive money only for the cost of the site itself, since the building does not have any documents, which is why it is not possible to sell it.

After carrying out all the above-described activities in the district’s architectural committee and receiving a special act indicating the possibility of building a residential building on the verified site, you need to order a construction passport from the relevant government agency - one of the most important documents legitimizing your “brainchild”. To do this you need to submit certain documents:

  1. Passport (copy + original);
  2. An application written for a construction permit;
  3. A site plan together with a certificate of ownership (if the first is not available, you can order it from the cadastral chamber);
  4. Resolutions of executive authorities with a construction permit, house design;
  5. 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);
  6. Design license (copy + original).

All this is required to obtain a construction passport for the land plot, without which the construction of any architectural structure cannot legally take place. In the meantime, the required document is being prepared, you need to make a plan for the placement of buildings on the site, having previously coordinated it with the fire and sanitary inspections.

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 comes - this is the verification of all documentation with the help of state expertise.

This type of inspection is carried out by a special commission, which in the future will accept the finished structure from the developer. The approved building project is considered only after a positive verdict based on the results of the examination, which will mean that all papers related to the house project comply with the initial data and technical conditions. Compliance with building codes, rules, and legal requirements.

A permit for the construction of a private house will not be issued if the requirements of the design documentation do not meet at least one of the above conditions. This permit, in case of a positive result of the special commission, is issued for a period of up to three years and begins to be valid from the date of registration.

If, for some reason, construction has not started, then, after the allowed time has expired, all documents will have to be filled out again, visiting different authorities again. The document approving the construction of the structure is issued in several copies, one remains for the customer himself, and the other in the urban planning archive.

The last step will be to contact the local administration again, where you will need to fill out the appropriate application at the local government office (you should also be provided with a sample to fill out) and pay all the required fees. After providing all of the above, the local administration issues a verdict, most of which are positive.

A negative result may result in non-compliance of any of the submitted documents with the requirements imposed by government authorities. But, when submitting papers for construction permits, do not expect quick results, because government officials must check their authenticity, compliance with requirements, coordinate all issues with fire supervision, utility services and consumer supervision authorities. All this can take quite a long time.

Immediately before the construction of the building begins, it is necessary to draw up a construction project, to which all permitting documents for installation, excavation, and construction work will be attached. All permits can be obtained from the interdepartmental commission. If during architectural activities the plans for the area or additional buildings change up or down by more than 10%, this must be agreed upon with the committee represented by the chief specialist, who must issue additional permission for all changes.

There are some nuances even after construction is completed. For example, when this process has come to an end, the customer needs to confirm with the interdepartmental commission that everything was done in accordance with the project and the documents necessary for completion have been received.

These important papers will be: registration certificate, certificate of markdown. Without receiving them, the owner of the house simply will not have the opportunity to register ownership of the building. To become the owner of a constructed structure according to documents, it may take from two months to six months from the moment of their submission. This is all quite a long process.

You can introduce all communications into an already built house by calling services that have a license for such activities. For example, a new building is being gasified according to a special project; after drawing up a specific act of connecting the structure to the general gasification system, a contract for servicing the equipment is drawn up.

Electricity and water supply can also be installed in the new “nest” only in accordance with the site development plan, which reflects all these points. Each company called upon to carry out such work must have a license for the type of activity it is engaged in, as well as specialized technical equipment.

After the construction of your house is completely completed, you need to obtain another important document within two years - this is a certificate of title. Let us remind you that a house is considered ready if the building has walls, windows, doors, a roof, a ceiling between floors, and a fence in the form of a fence.

If you do not receive this paper on time, the developer will face a hefty fine and a year’s delay for registering the architectural structure. If the customer fails to complete everything on time, the house may be confiscated and subsequently resold.

To put into operation an already constructed structure, you need to provide a certain list of documentation to local governments:

  1. Petition from the district administration to accept the constructed building into operation;
  2. Passport belonging to the constructed facility;
  3. Construction passport;
  4. Certificates stating that all technical conditions that were required to be met during the construction of a private house were met in full.

What documents are needed for construction

The entire procedure that you need to go through to obtain a building permit is quite complex and cumbersome. It can take a lot of time and will not result in a positive result on the first try. This process includes a huge number of documents, applications, government agencies, but an enlarged list of everything necessary required from the applicant is as follows:

  1. A statement expressing the desire of the owner of the site to build a private house;
  2. Resolution of the head that the administration is ready to provide this land plot for construction;
  3. an agreement that the developer will be given the right to erect a building on this territory;
  4. site plan (general);
  5. a document that indicates ownership of land;
  6. passport of the house project (verified by government agencies);
  7. license for the right to conduct construction activities (if a team is building);
  8. decree of the head of administration that it is allowed to build such an object on this territory.

Of course, this is a rather shortened list of required papers that need to be collected in order to, in the future, have the treasured document in hand. The main list is quite wide, each of its components belongs to a specific authority and is subject to the strictest verification by officials.

Only if all the papers submitted by the applicant through this procedure are approved, can a construction permit be issued, signed by a certain group of persons and backing up their word with the appropriate seals.

What is needed to obtain permission to construct an apartment building?

Construction of a house of this type is a very serious process, requiring coordination with many organizational structures. The most important step, without which it is impossible to start construction, is obtaining a paper called “Construction Permit”.

This is an official “certificate” that gives the customer authority to erect a structure of a certain number of floors. This paper is given for a period of ten years, after which the apartment building must be completed and handed over to the public utility service. Based on such a document, he is assigned an exact address. To obtain the coveted paper, you need to contact the district department of Architecture and Construction, located in the district administration building.

The document issued later by this government agency will confirm that all papers related to the house project fully comply with the requirements imposed on them by a certain regulatory government agency. All this means that on this land area declared for the construction of an apartment building, similar work can be carried out, based on the principle of legality. Below is a list of components that will be needed to obtain such a permit:

  1. Papers establishing your right to the space being built;
  2. Plan of the plot of land to be built (urban planning);
  3. Materials contained in the construction project documentation:
    • note with explanations;
    • a diagram of a plot of land indicating the entire territory where the construction project will be located, indicating the access and approach points;
    • diagrams showing all architectural solutions;
    • information about engineering equipment: diagram of technical equipment indicating the places where the structure is connected to them;
    • project for organizing the construction of a building;
    • a project that carries out activities to dismantle construction projects, as well as parts and their components;
  4. Conclusion of state project documentation in a positive context;
  5. Permission for certain deviations from the maximum parameters of permitted construction.

All of the above papers are sent to the relevant government agency by the applicant personally; it is desirable that all this document be accompanied by a positive conclusion from a non-state examination of the project documentation.

After the developer receives a positive decision on the construction of a house, which was issued by the department for architecture and construction of the district, he must provide the following information to this local authority free of charge within ten days:

  1. Data on the area of ​​the building;
  2. Information on the number of floors and height of the planned structure;
  3. Information about all networks of engineering and technical equipment;
  4. A copy of the result of engineering and technical surveys (one option);
  5. Information about all sections of the project documentation (one copy for each);
  6. A diagram of the territory of the land, indicating all construction projects for entering this information into the general system for supporting the activities of the urban planning unit (one copy).

All this data must be provided by the developer to the appropriate authority as quickly as possible, otherwise the permit document will not be able to enter into full force.

Construction is a rather long and labor-intensive process that requires a lot of effort, knowledge of rules and regulations, as well as compliance with a certain procedure for processing documents. If you violate the procedure, you can build a building, of course, but will it be fully functional? The answer is simple - no.

You will not be able to register it accordingly and take ownership. Therefore, if you want to use the future building in accordance with its purpose and not incur huge losses associated with the demolition of the house, take into account the law and, if difficulties arise, use the advice of specialists in this field.

Permission to build a private house video.

Do you have land on which you have decided to build a house, but don’t know where to start? You have not been issued a permit to build a private house? Then this article is for you.

Permission to build a private house

A common mistake made by people who want to build a house is not knowing the rules for obtaining a building permit for an individual building. All this can lead to problems during the construction stage and when putting the house into operation, if it comes to that at all. Well, if you own land that is intended for individual housing construction, then obtaining permission to build individual housing construction will not be difficult. The situation is much worse for those who, out of ignorance of the law, acquired land that was not intended for building a house. Therefore, before purchasing land and starting construction, study the basic procedure for obtaining the document “Permission to build a private house” and the list of documents that will be needed for the procedure.

Documents for a building permit

To obtain permission to build an individual house, you need to contact the local administration or the body authorized to issue such permits and write an application addressed to the head on your behalf. To do this you must be the owner of the land or a tenant. You must have with you a passport, a certificate for the land you own, an urban planning plan for the site, a planning and organization diagram indicating the location where the individual housing construction project will be located.

Your application and the provided package of documents are reviewed and approved collectively, based on the provided written opinions of relevant experts, and the issuance of a permit to build a private house is a guarantee that all technical and sanitary standards are met and do not violate the architectural plan of the locality in which the house is planned to be built . But you may not get permission to build a private house if the project is not approved.

Project

The most difficult thing when collecting all the documents is to collect a complete set of architectural, construction and engineering documentation, which includes the following plans: situational, general plan of the site (area), basement or ground floor, floors, floors and coverings of non-repeating floors, roof truss elements, roof, foundation.

Drawings and diagrams:

  • electrics, distribution board, lightning rod;
  • water supply and sewerage, hot and cold water;
  • heating, ventilation.
  • house section;
  • facades and topography of the site with the street;
  • project passport;
  • construction estimate;
  • technical and economic indicators;
  • section of the foundation with architectural and construction units and details.

As you can see, projects of private houses are not only a diagram of the future house drawn in sections, but also plans for construction on a land plot, and drawings for communications.

Obtaining a building permit is associated with the professional development of the entire project. Therefore, if you try to draw it yourself in order to save money, it may cost more in time and money. It is better to contact a specialized company that has ready-made designs for private houses. This will make it easier to obtain a building permit. Or order an individual project, assigning copyright to it.

Permission to build a facility can be guaranteed if you invite a contractor who will be directly involved in construction work. As a rule, contractors have many different projects for individual construction, one of which is sure to suit the local conditions. At the same time, you save money, time and nerves by taking a ready-made and licensed project from the customer, which will 100% help you obtain permission to build a house in the near future. The contractor will take care of the technical conditions from utility services and the supply of household supply networks for you, which will ultimately simplify the commissioning of the facility.

The issued permit is valid for ten years, even after the sale of the plot to another person or after donation and exchange.

If within ten years the construction of the house does not begin and 95% of the completed volume of work is not achieved, then you will have to write an application again to the organization authorized to issue the permit, attaching all the above documents.

Often future builders wonder whether a permit is needed to build a country house or garage.

Country house

A permit for the construction of a country house is most often not required if the country house is being built on a summer cottage plot that is not intended for individual housing construction, and the construction itself is not planned for permanent residence. It is not required to build a bathhouse, barn or garage.

But, unfortunately, this rule does not apply everywhere. For example, if your site is located in the Moscow region, then it is better to go to the local government authority and find out whether you will be required to obtain a building permit. The Moscow region is developing more dynamically than other regions, therefore, where permission was not required today, tomorrow it may be necessary, because I can lay pipes, electricity, a gas pipeline near your site and your construction will violate safety requirements.

What are the consequences of not having permission?

Unauthorized construction of a house or cottage without a permit threatens to bring the unauthorized person to administrative responsibility and demolition of his building by court decision.

There are well-known cases when entire villages with cottages and townhouses located on several hectares of land were demolished. A striking case occurred in the village of Bachurino, Moscow region, which was razed to the ground by court decision, despite multimillion-dollar investments in construction and advertising.

Poor fishing villages, in which retired fishermen lived, who received one hundred square meters of land from their organizations for their services 50 years ago, also did not escape demolition, and built small houses for summer or permanent residence.

Therefore, if you start construction without permission, you may face the problem of putting the building into operation. You will not be able to build communications, sell or donate this house, and you will only have to sell the land. And if you are brought to administrative responsibility, you will be obligated to demolish the building yourself within a specified period of time, or, if you do not do this, the house will be demolished without your participation and a receipt will be issued for payment for the services provided to demolish the illegal building.

Commissioning of the house

When a private house is at least 95% complete and suitable for habitation and only minor work remains, you can write an application to put the house into operation. In this case, the executive body appoints a commission that visits the site and checks how well the finished housing building corresponds to the original project provided before issuing a permit for individual housing construction. The commission includes: an architectural specialist, representatives of the fire service and sanitary and epidemiological supervision, a developer, and a contractor.

If there are no discrepancies or they are within acceptable limits, there are no comments, the commission signs an act of acceptance of the object and commissioning.

The technical passport for the house and the certificate of ownership are produced and issued by the State Registration and Land Cadastre Agency.

With these signed documents and a technical passport, the owner goes to the authorized body that issued him a construction permit, because the final procedure for putting the building into operation takes place there.

Under what circumstances can you get a refusal?

An acceptance certificate authorizing the commissioning of a building is a document confirming the completion of work agreed upon in the design documentation that was submitted before the issuance of a building permit. And redevelopment, alteration of the project during the construction process must be coordinated with the authority that issued the permit. If you unauthorizedly made redevelopment or made other communications changes to the project plans, then most likely they will not sign the commissioning certificate for you. At a minimum, it will be necessary to coordinate the redevelopment and re-submit an application for acceptance of the facility into operation.

Many people underestimate this point, build houses a few centimeters closer (further) to the road, to the neighbor’s fence, or change the location of the living space and kitchen. After such redevelopment, they are refused, brought to administrative responsibility and receive a court decision to demolish the unfinished house.

You can also get a refusal if you did not meet the allotted deadline - ten years - and hand over the object late. Over ten years, the conditions of the surrounding area on which you are building a house could have changed, and therefore the project needs to be adjusted.

You may be refused if, at the time of issuing the permit, you have not fulfilled a number of requirements in the first ten days and have not submitted the requested documents to the authorized body.

If the commission has no complaints about a private house, then you will be given a report in which the following points should be noted:

  • driveways to the house;
  • sewerage;
  • heating;
  • water supply;
  • electricity.

Without the commissioning certificate, the house has the status of unfinished, and central amenities cannot be connected to it.

Country house: commissioning

A country house is considered a building that is not intended for permanent residence and, depending on the area, has differences:

1. Cottage up to 200 square meters, up to two floors, outbuilding up to 100 square meters. For this country house building, you must submit the following documents:

  • land ownership;
  • BTI passport.

2. Cottage up to 350 square meters, up to two floors, outbuildings up to 150 square meters:

  • land ownership;
  • certificate of acceptance of the house into operation;
  • BTI passport;
  • inspection of the technical inspection of fire control authorities and sanitary and epidemiological services.

3. Cottage from 350 square meters with outbuildings:

  • land ownership;
  • certificate of acceptance of the house into operation;
  • BTI passport;
  • certificate of technical inspection by fire control and sanitary epidemiological services.

You can deal with questions about putting your dacha into operation yourself, or you can entrust it to a specialized organization that has a license to carry out this type of activity.

Economic units for individual housing construction: commissioning

A utility block is considered to be a small building of any shape, not intended for living. A bathhouse, a barn, a warehouse, built from a frame or from timber, all of this belongs to the type of utility block and can have windows, doors and a porch.

Unlike houses and dachas, a utility block can be built without a building permit and commissioning. However, there are nuances that still oblige you to obtain permission and put the utility unit into operation, for example:

  1. New buildings are being erected on the site of old ones that have been demolished. But if you take care in advance and draw up documents for demolition, permission will not be required.
  2. The utility block is attached to the residential building. This is considered a reconstruction of the main building, so permission must be obtained, otherwise the addition may be declared invalid and the main premises may change their designation status.

What documents will be needed to enter a garage:

  • A statement with information about the constructed facility, citing a permit for the construction of a garage.
  • Documents for land.
  • Certificate of state registration or lease of the land being developed.
  • Cadastral plan and diagram with the location of the garage building.
  • Conclusion (originals) from a licensed organization on the standards of compliance of garage construction.

Appeal against refusal

Refusal of permission must be justified and can be appealed in court.

If for some reason you have not signed an acceptance certificate for putting the building into operation (for example, there are often cases when the certificate is not signed by a fire service specialist, although you built the house without violating the design or with an acceptable deviation and submitted all the necessary documents on time) - you have the right to appeal the refusal in court.

The refusal must be justified in writing. If you received a verbal refusal, then it is quite possible that you have a corrupt employee who is expecting a bribe from you, and this is an illegal act. Ask for a written and reasoned refusal and file a complaint.

Summarize:

  • Before purchasing land, you need to find out its purpose, because it is not always possible to convert it for individual housing construction.
  • Before starting construction, you must obtain permission.
  • When obtaining permission, the authorized organization may request additional documents. It is better not to ignore the requirements, but to submit everything within the prescribed period - 10 days.
  • The layout, which has undergone changes during construction, is agreed upon with the authorized body that issued the permit. Otherwise there will be unpleasant consequences.

Before starting construction of a private residential building (cottage, dacha), it is necessary to provide a complete list of documents for construction in order for them to be processed. Documents will also be required for the purchase and registration of a land plot.

List of documents for the construction of a private house

To obtain a building permit, you need to contact the administration with a corresponding application. Here's a small one list of documents that should be attached to the application:

  • resolution of the head of administration on the provision of a land plot for individual housing construction;
  • contract of sale;
  • general plan;
  • site passport;
  • an act on the full-scale establishment of the boundaries of a land plot and the breakdown of buildings, red lines and axes of the building.

Preparation of documents for the construction of a residential building

After reviewing this list of documents, the head of your administration will issue a resolution on permission (or refusal of permission) for the construction of a private residential building. If everything is fine then a passport for a private residential building project will be issued, the composition of which is as follows:

  • administration resolution on construction permission;
  • a document certifying the developer’s right to the land plot;
  • a copy of the master plan of the relevant urban planning documentation;
  • situational plan;
  • technical conditions (TS) for connection to utility networks (with diagram);
  • floor plans, sections, facades;
  • an act on the full-scale establishment of the boundaries of a land plot and the breakdown of buildings (with a drawing diagram).

That's not all. Will be placed in a separate folder project of an individual private residential building. Its composition:

  • situational plan (M 1:500), showing the location of the construction site in connection with the nearest settlements, sources and external networks of energy, heat and water supply, structures, sewerage networks;
  • topographic survey of the area with the adjacent part of the street (M 1:500);
  • master plan of the site with a vertical layout and linking the project to the area (M 1:200, 1:1000);
  • basement plan (technical underground, ground floor);
  • floor plans (M 1:100, 1:50);
  • main and side facades of buildings (M 1:50, 1:100);
  • characteristic sections (M 1:100, 1:50);
  • plans for floors and coverings of non-repeating floors (M 1:100);
  • plan of the roof truss system (M 1:100);
  • roof plan (M 1:100, 1:200);
  • foundation plan (M 1:100, 1:50);
  • cross-section of foundations, characteristic architectural and construction units and details (M 1:10, 1:20);
  • general explanatory note and technical and economic indicators;
  • cost estimates and financial considerations for construction costs;
  • engineering support drawings (as per design specifications).

Documents for registration of land plot

If you have not yet registered a plot of land, the following information will be useful to you. To register a land plot, you need to submit the following documents:

  • a statement that states: the purpose of using the land (organization of a farm or personal enterprise, construction of a private residential building, gardening, etc.), location and size of the land plot.
  • a copy of an identity document (passport).
  • contract of sale.
  • documents, content information about a citizen’s right to a land plot (the right to perpetual use of a land plot, or the right to lifelong inheritable possession is considered).

First of all, you will have to disturb the Ministry of State Property Management. An application is submitted there along with a copy of your passport. It is important to know whether the plot was previously privatized or not. If not, the registration will take less time. Ideally, the application review process takes 2 weeks. But in practice, unfortunately, it takes more time.

After a decision is made to register a land plot, the applicant receives a copy of the decision document. The applicant makes measurements of the site and creates a cadastral plan at his own expense. On average, this takes a month. After this, the state enters into a land purchase and sale agreement. The exception is cases in which the applicant received the plot as an inheritance, or free of charge from the state.

After the above steps and processes, you must submit an application for registration to the Federal Registration Service by submitting the following documents:

  • a copy of an identity document (passport);
  • a decision made by the local executive authority on the registration of a land plot;
  • contract of sale;
  • certified cadastral plan of the land plot.

All documents, except the passport, must be submitted in original and copies

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