What documents are needed to obtain a building permit? What documents are needed to build a private house: advice from a practicing lawyer

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) 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're talking about on 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 plot or a plot intended for personal farming (if it is located within the boundaries settlement), but prohibits doing this in a garden or vegetable 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 construction is planned to be completed and documents are submitted for state registration ownership 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 development 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 planned 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 conservation authority 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 needs to 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 the implementation entrepreneurial activity, 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.

From paperwork!

• And the first thing to do — prepare a package of documents for the construction of a private house!

But let's go in order. Everyone knows what kind of queues we have for the construction of apartments. Both 5 and 10 years, and some even more, are waiting for the coveted square meters of “precious” housing. “Precious” - in the literal sense of the word. Prices square meter of new building grow like mushrooms after rain. And nothing can stop them!

So the question arises, as in Chernyshevsky’s novel: “What to do?” Wait for who knows how long for construction to start? Worry during construction: “If only they didn’t throw me away!”? Do our “miracle” builders have to finish and redo a lot of work after the house is put into operation? Adding almost a quarter of the cost of the apartment to the astronomical sums spent?

If nothing else is in sight, then this is certainly not the worst way out of the housing crisis.

But if there is an opportunity to build a private residential building on your own, albeit small, piece of land, then many Lately choose exactly this method of solving the issue of square meters.

But my dear readers, I want to warn those who are still making a choice.

Whether to build an apartment or build a private house, there is a huge difference. I think you can guess which one yourself.

• It will not be possible to build a private residential building without effort!

You will have to, if not personally wave a shovel and knock with a hammer, then at least be in the role of an auditor (or supervisor), as well as an accountant or accountant in extreme cases. Control and accounting come first! Otherwise, your home will be nothing but memories in the form of a pile of construction waste.

The thought among our builders is ineradicable: “What I work with is what I have!” And there's nothing you can do about it.

The future private owner will also benefit from knowledge about construction technologies, because the construction works require complete immersion in the process. Here, information from the Internet about building materials and construction technologies will be very useful.

So, the choice is made! Begin construction of a private house!

But you can't build a house in the air! Although some manage in the air, and on the water, and on five square meters build.

But that doesn't suit us. The idea of ​​a permanent building in the form of at least a cottage, if there is not enough money for a palace, is firmly in the minds of the Slav. And all this on its own decent acres: with a vegetable garden, a garden, a flower bed, a lawn, and recently with a swimming pool - not bad either. Three or even six hundred square meters will no longer satisfy our ambitions. The minimum is ten, and if possible, then more. This is where the Russian soul can unfold!

Where to getland for construction of a residential building?

There are several options to consider here.

1. Buy plot for construction of a residential building from a bankrupt private owner;
2. Buy land with an old house for a symbolic amount, demolish old buildings and build your own mansions;
3. Get it for free from the executive committee. This option is more suitable for those who are in line to improve their living conditions;
4. Buy at auction;
5. Receive an inheritance and so on.

As you can see, there are many options. Everyone will find one that suits both their ambitions and their wallet.

Having purchased land, it is better to immediately draw up the paperwork: make state registration of land so that there are no problems later.

How and where to obtain permission to build a private residential building?

Papers are drawn up in the executive committee, or more precisely in the architecture department.

There you write an application for the issuance of building permits.

The documentation folder includes various types of permits to carry out certain works:

• permission to build a private house and non-residential buildings,
• projectpassports developer,
• and formal approvals various offices, which include firefighters, “electric networks” and other serious organizations,
• residential building project.

You can collect all the signatures and approvals yourself, but it is much easier to act through the “One Window”. You are only required to indicate in the application the building material from which you plan to build your property and provide an approximate sketch of the dimensions of the future home.

But, dear private owners, if you have a site with dense neighboring buildings, consult with the designer before writing an application. He will adjust your wishes regarding the location of the building, since our choice does not always correspond. And they need to be taken into account, otherwise later you won’t be able to put the house into operation, the firefighters won’t sign act of entry!

We received a consultation, determined the location and size, and can write an application. You will receive a sample application from the executive committee. You must have documents for the land with you; without them, applications will not be accepted.

In two weeks you will receive it in your hands “Extract of the decision of the executive committee” With

• 1) resolution,
• 2) rough plan development and
• 3) conclusions of coordinating organizations.

Where can I get a residential building project?

If you have enough knowledge and experience, you can draw it yourself residential building project, but it is better to contact specialists. There may also be several options here:

• can choose ready House project,
• Can order individual in any design organization,
• Can negotiate with a private designer licensed for this type of activity.

It's as you wish.

What is a developer's passport?

• Note, developer's passport– this is a very important document and should not be ignored!

Here, again, you will need to either independently or through the “One Window” technical specifications forengineering and technical support for a residential building according to the list established by the architectural department.

Having submitted the technical conditions for review and approval, after a while you will receive in your hands developer's passport.

What should be in the developer's passport?

• it should have everything that will be built is indicated: house, garage, etc.;
• address indicating the street and house number;
• extract of the decision executive committee;
• title document for a land plot;
• House project;
• master plan with neighboring buildings;
• technical specifications.

Now you can start building a private residential building.

In total, the entire procedure for preparing documents in the executive committee takes a little more than a month, but this does not take into account the time spent on preparing the project.

You will only have to pay for the application (and, by agreement, for the project).

That's all. There's just a little bit left - to build a house!

You can start building a house in 2019 only with the permission of the authorities. Article 51 in the Town Planning Code in the smallest details describes all the subtleties of design, the beginning of construction and much more.

Of course, few people have time to analyze amendments to Federal laws, so we will try to explain more simply the process of obtaining permission to build a house, summer house or cottage.

It is important to know that permission is required on land, both related and not related to individual development. “” also simplifies the construction of a house for living. But more on that later.

Why do you need a permit?

They often say that you can put your house into operation without a building permit at all, but what to do if it is connected to communications - this is already a problem...

During the construction process there may be financial difficulties, and often budget drawdowns can only be compensated for by a loan from a bank. But any bank has the right to require a construction permit in the set of documents.

For information of summer residents, gasification summer cottage impossible without permission, and this is, at least, unpleasant.

Collection of documents

The most convenient place to submit documents for consideration is at the MFC (multifunctional center).

You must provide the following documents:

1. Document of ownership of the site;
2. Urban development plan for the site;
3. Passport of the citizen submitting the documents;
4. Official power of attorney (if the owner’s representative works on documents);
5. Project documents. Namely: explanatory note, papers on utility networks, building layout plans, objects for demolition during capital construction, etc.
6. Confirmation of the legality of documents issued by a non-state company.

Review, decision-making and issuance of a permit are not subject to payment! There is no need to pay a fee.

Simplified and regular procedure for obtaining permission

Obtaining permission to build a house no higher than three floors carried out according to a simplified procedure. You only need to provide three documents:

1. Plan for the site (urban planning);
2. Scheme for the organization and placement of a facility related to capital construction;

In a simplified version, the site must be registered. This is the most important point. The issuing authorities can independently request the scheme and urban development plan from the relevant authorities.

The usual procedure for obtaining documentation includes the entire set of documents specified earlier. Additionally they may require:

1. various types of examination;
2. permits for deviations from the legal parameters of future construction;
3. If there are several copyright holders, their written consent will be asked;

According to the Civil Code of the Russian Federation, you cannot provide other documents to obtain permission. The entire legal spectrum this issue specified in parts 7 and 9 of Article 51.

Important features of the issuance process

The issued permit is limited in duration. According to the law, this is 10 years. If the construction process has not begun during this period, the permit is reset. Collecting documents and re-obtaining permission is an inevitable outcome.

Often, the authorities issuing this permit require a certificate of absence of debts or claims on the land plot where it is planned to build housing.

Even with permission in hand, you need in 10 days provide to local planning department project documentation. Her approximate composition was described earlier in the set of documents for the MFC.

Issued permits for legal and individuals before the entry into force of the Town Planning Code cannot be recognized as valid.

Help from organizations to assist in obtaining

A good and convenient option for this paperwork may be to involve special companies that focus specifically on obtaining various documents.

Such companies will save your time and nerves by taking the authority to collect information and provide documentation to all authorities.

The average price for the services of such companies in the region starts from 20,000 rubles. Capital organizations will ask for 100 thousand and above. In general, the process of calculating the services of support organizations is individual. The more experienced the company, the better service, however, the price also depends on this factor.

There are also consultation centers. Quite popular for Moscow and the Moscow region. These organizations provide paid consultations and assistance in filling out certificates, forms and plans.

The Civil Code has article number 222. If you comply with it, then private residential buildings, dachas and cottages built without the required resolution for construction, refer to . Simply put, you may be deprived of your rights to a house, country house or cottage. Moreover, the authorities have the right to force the demolition of an illegal building, and even for your money.

Why is there a demand for escort services?

In the process of receiving everything is not so fast. But that's something else! By law, private housing must be built to high standards. It is necessary to prove or justify the future residence of the whole family in it. For example, they may find fault with:

• Footage of the house.
• "Density" of development.
• The size of the plot.
• Communications in the neighborhood or water protection zone.
• A nature reserve within walking distance from your future home or a natural and historical landscape.

What else is possible in practice?

When building a residential building, summer house or cottage, it is better to take care of the documents in advance. Here are a number of real points that may cause inconvenience.

• Often the old quarter with the private sector is bought by a developer company. Its representatives know everything about each house in advance and try to contrive to provoke the sale of houses for next to nothing. And with a construction permit, encroachments are not possible from the legal side.
• Unfriendly neighbors may find out about the illegal construction of a residential building and also resort to cunning, calling all kinds of city services. Who needs this? It is better to build everything according to the law.
• a house, cottage or residential cottage without a building permit is much lower. There may be disappointment when selling, and insurance is not issued for real estate without a complete set of documents.
• If there is a lack of finances, construction is usually frozen. But with permission it is already part of a residential building, and without it it is just land and building materials.

Penalties for lack of permission

Carrying out any construction work where it was strictly necessary to obtain permission in advance is prohibited at the administrative level. Article 9.5 of the Code of Administrative Offenses talks about violations, namely:

• The construction order has been violated;
• Illegal reconstruction activities;
• Illegal major renovation an object under capital construction;
• Commissioning of a facility under capital construction;

By federal law No. 243-F3, neither reconstruction nor construction of houses, cottages and dachas can be carried out if it was necessary to obtain permits for this.

List of fines for these violations:

• The punishment for individuals is a fine from 2000 to 5000 rubles.
• Officials will pay 20,000 - 25,000 rubles.
• Entrepreneurs without legal entities persons - 20,000 - 50,000 rubles. If there is no payment, then legally activities are suspended for 90 days.
• Legal organizations - a fine in the amount of 500,000 to 1 million rubles. If there is no payment, then activities are legally suspended for 90 days.

You cannot bypass legal requirements, because this was invented and developed for safety during individual housing construction. Further provision of communications to illegal buildings is a complex and lengthy process, which may also be accompanied by a violation of the law.

Having received a refusal, you should not follow the principle and engage in construction “in the dark”. It is better to seek a court decision or pay for documentation support services from a good company.

To protect the interests of every citizen, and society as a whole, it is necessary to comply with the laws.

How to obtain permission - legal consultation on video

Since 2015, obtaining a permit has become necessary. In the video, experienced specialist Vladimir Lygin explains exactly how to obtain a permit.

In this article we want to talk in detail about what documents need to be drawn up for the construction of a private house.

To obtain permission, you must first of all acquire a well-developed engineering project, because it is essentially the most important document during commissioning or installation work. In such a document mandatory every component of the infrastructure of your future home is mentioned. You can obtain a building permit only after all documents, right down to the design of the house itself, have been carefully checked by utility services and authorities fire safety. Moreover, all collected documents should also be submitted to consumer supervision for review.

First, we note that the permit we are describing will be issued by the administration of the city/village on whose territory construction is planned.

Δ 2. What documents need to be collected by local government bodies?

And the package of documents that must be submitted there looks something like this:

1. Site map, which indicates the location of the future house.

2. Certificate that you have the right to build a house on a certain plot (passport, confirmation from local authorities, purchase agreement).

3. General plan of the site.

4. Actually, a statement.

Δ 3. About unauthorized construction

Unauthorized construction(that is, construction without the necessary permission) implies that the building erected in this way will simply be illegal. It will not be possible to connect it to any utilities; moreover, there is a high probability of its demolition. There is also information that an unauthorized house will not be registered. For this reason, it will be impossible to use it as housing, as well as for commercial purposes, which puts it under big question the very feasibility of such construction. So the current legal requirements should not be ignored.

There is no justification for unauthorized construction. The court will deprive you of your property rights, and to get them back you will need to spend a lot of money (although a positive outcome is not guaranteed). Next, we note what equates the constructed object to the category of unauthorized:

1. During its construction, hygienic and sanitary standards were violated.

2. Building codes were violated.

3. Permission for construction was not obtained from local authorities.

Also, current legislation states that a person who has built a building without permission will not be able to sell it or donate it. The minimum penalty in this case is a fine, the maximum is the demolition of the building (moreover, at the expense of the developer). Only in certain cases can the court return ownership rights to the developer, but only when the object does not infringe on the rights of other people and does not threaten their lives.

Δ 4. What documents should I collect for construction?

After purchasing a plot of land, you must acquire all the documents necessary for legal development. This should be taken seriously and the best place to start is by obtaining permission. An application is submitted to the self-government bodies, which is accompanied by the following documents:

1. The corresponding act on the boundaries of the land plot.

2. A resolution that individual construction is permitted on the allocated site (the document must have the signature of the head of the administration).

3. Passport to the site.

4. General plan of the site.

5. Agreement on the purchase/sale of a plot.

After this, all documents are submitted for consideration. Then, in case of a positive result, the developer receives a project passport, which consists of:

1. Actually, decisions of the administration.

3. Evidence of construction rights.

4. Floor plans, as well as a section of the future object.

5. Technical conditions regarding connection to communications.

6. Situational plan.

7. Copy master plan.

The house design is drawn up separately; it is also necessary for future construction. It will include:

1. Situational plan.

2. Support drawings.

3. Topographical photograph of the land plot.

4. Construction estimate.

5. General plan of the area being built.

6. Explanatory note.

7. Basement and floor plan.

8. Section of the foundation.

9. Floor and roof plan.

11. Plan of the roof rafter system.

Δ 5. Registration of land.

Before starting the construction process, take care of registering the site being built. To do this you will need another list of documents:

1. A statement justifying your intention to build a particular object on the site.

2. Certificate confirming your right to own the site.

3. Photocopy of passport.

4. Agreement on the purchase/sale of a plot.

5. Site plan, which will be certified by all cadastre authorities.

As we can see, obtaining permission to build a private house is a rather lengthy and labor-intensive process. But, of course, it is better to spend time and effort on this at first than to pay for the demolition of your house or legal proceedings in the future.

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