How to obtain permission to build a house on a plot of land (individual housing construction)?

Before obtaining permission to build a house on a plot (for individual housing construction), it is important to study the nuances of registration, collect the required package of papers, understand the validity period and possible reasons for refusal. Registration of approval from authorized bodies is a mandatory stage preceding the construction of various objects, namely multi-storey buildings, commercial buildings and private houses. Below we will pay attention to the following nuances - how to obtain a permit to build a house (for individual housing construction), and what steps need to be taken to successfully solve the task.

WHAT DOES THE LEGISLATION SAY?

A new building must be legalized, and it is recommended to do this before the construction of the facility, and not after completion of construction work (as often happens). Going through the required procedures after the fact takes longer and may result in fines or other problems. Despite the simplification of registration in 2021, it is better not to take risks and do the work according to the rules in order to avoid refusals, the need for rework and additional financial expenses.

The Civil Code of the Russian Federation states that individual housing construction is a structure intended for the residence of one family and having up to 3 floors. The concept of “number of floors” refers to all sections of the building, including basements. Before issuing permission to build a house, authorized bodies check the design documentation and properties of the land plot on which the work is planned. Approval of the construction occurs if the applicant has rights to the land plot, which is confirmed by relevant documentation.

Procedure for obtaining a permit in 2021

The general algorithm of actions when coordinating the construction of a residential or garden house is described in detail in Art. 51.1 Civil Code of the Russian Federation. The procedure for submitting and receiving the relevant notification includes the following steps:

1. Preparation of a notification (analogue of an application) according to a single approved form.
2. Collection of the list of documents established by law (all papers are described in detail below in the text).
3. Choosing a method for sending papers to the government authority authorized to issue construction permits. The following options are available here (clause 1 of Article 51.1 of the Civil Code of the Russian Federation):

• personal visit to the relevant department,
• contacting the MFC (multifunctional center),
• sending papers by mail (the letter should be ordered with acknowledgment of delivery),
• use of the State Services portal.

1. After the documents have been sent, you should wait until they are verified.
2. Within the period of time established by law, the state body will send a notification to the applicant about the compliance of the individual housing construction project (garden house) with all requirements and standards or about non-compliance with the declared parameters.

This is exactly the procedure for obtaining consent to begin construction work on an individual housing construction project (garden house) that is provided for in 2021.

List of documents

A complete list of documents that the applicant must prepare to obtain consent for the construction of an individual housing construction project or a garden house is given in Articles 1-3. 51.1 Civil Code of the Russian Federation.

This includes the following papers:

• notification of upcoming construction - when drawing it up, you must use as a template the form approved by Order of the Ministry of Construction of Russia dated September 19, 2018 No. 591/pr (Appendix No. 1),
• documents confirming the right of ownership of the land plot (for example, purchase and sale agreement, deed of gift, etc.). Such papers should be prepared if the designated area is not registered in the Unified State Register of Real Estate,
• power of attorney to approve the construction procedure of the facility - if his representative acts on behalf of the developer,
• translation of documents confirming the registration of a legal entity certified by a notary - required if a foreign organization acts as a developer,
• description of the external appearance of the construction of individual housing construction or a garden house - if construction is planned on the territory of a historical settlement.

For more information about what documents are needed to obtain a building permit, read our article.

What is the price

According to the procedure established by law, the service itself of issuing a notification (analogous to a permit) about the compliance of an object with all required parameters and standards is provided free of charge. This means that in this case you will not have to pay state duty.

The only exceptions are those cases when we are talking about the completion of construction work. In such a situation, when submitting a notification, you will have to pay a state fee of 350 rubles.

Despite the fact that the service is officially provided free of charge, the developer incurs certain expenses at the stage of collecting and submitting documents. If the applicant does not have the desire or time to deal with this issue on his own, then he can entrust this task to specialized specialists. However, this service is paid. The following costs are possible:

• receiving consultations (1000-2000 rubles),
• assistance in collecting documents (up to 5,000 rubles),
• submission and subsequent receipt of a turnkey notification - in this case the price can reach 9,000 rubles.

It should also be borne in mind that the total cost of such a service is influenced by the complexity and non-standard nature of a particular situation.

Reasons for refusal

It is necessary to identify several of the most common situations in which an applicant may be refused approval for the construction of individual housing construction or a garden house.

These may include the following reasons:

• absence of all necessary information in the submitted notification (the full list is given in clause 1 of Article 51.1 of the Civil Code of the Russian Federation),
• reflection in the notification of information that does not correspond to reality,
• the developer’s representative does not have a power of attorney giving the right to approve the construction of the facility,
• documents required to obtain a permit are not submitted in full,
• the applicant’s appeal to an authority located at a location other than the location of the land plot on which it is planned to build a house,
• the notification was filed in relation to an object for which the law requires obtaining a construction permit, and not a notification.

If the situations listed above arise, the competent authority, within 3 working days, returns the notification submitted by the developer along with the documents attached to it (clause 6 of Article 51.1 of the Civil Code of the Russian Federation).

Deadlines

The current legislation of 2021 clearly defines the period of time allotted for issuing a notification about the possibility of starting individual housing construction or constructing a garden house. This period is 7 working days from the date of receipt of documents (clause 7 51.1 of the Civil Code of the Russian Federation).

WHAT DOES A HOUSE BUILDING PERMIT LOOK LIKE?

According to the acts of the Ministry of Construction, the terms of regional acts and the Civil Code of the Russian Federation, the approval of authorized bodies is a special paper indicating that the design documentation complies with the current requirements of the State Property Management Plan and the ability to work on a specific land plot. Obtaining permits is mandatory in all situations except the following:

• Construction is being carried out on a land plot, which belongs to the horticultural category and is used for dacha farming.
• Construction or reconstruction of structures, during which capital facilities are not affected.
• Installation of boxes and other structures that are not classified as permanent.
• Construction of temporary facilities used to equip a construction site.

Starting construction work without approval in accordance with Article 222 of the Civil Code of the Russian Federation has the following consequences:

• The constructed object belongs to the category of self-construction. In the future, two options are possible - undergoing an examination and completing documentation, or demolishing the structure at the owner’s expense.
• The constructed building cannot be sold, donated, or any actions performed with it. This requires a permit to build an individual housing construction house - a document that legitimizes the construction.
• Accrual of fines in the amount of two to five thousand rubles.

The final permit looks like an A4 sheet, which contains information about the applicant, the authorized body, and the individual housing construction facility. The document is also signed, dated and stamped.

Regulatory regulation

The central act regulating the issuance of permits is Article 51 of the Town Planning Code of the Russian Federation (GrK RF). The article states these provisions:

• Receipt procedure.
• Papers needed for the work.
• Authority issuing title deeds.
• Grounds for refusal.

Question: Do I need to obtain a building permit and register the reconstruction of a commercial building? If so, what is the liability for non-compliance? View answer

Article 51 of the Civil Code states that the permit establishes:

• compliance of design documents with the Civil Code of the Russian Federation and planning projects;
• compliance of the constructed facility with the forms of use of the site.

Question: Is it possible to deduct VAT amounts on construction work (services) that were carried out before receiving the appropriate permit (clause 2 of Article 171, clause 1 of Article 172 of the Tax Code of the Russian Federation)? View answer

An entrepreneur does not always need to obtain permission. Situations in which it is not required are specified in Part 17 of Article 51 of the Civil Code.

FOR YOUR INFORMATION! Permission must be obtained before construction begins. If it is missing, the entrepreneur will face sanctions imposed on the basis of Article 9.5 of the Administrative Code. As a rule, a fine is imposed on the legal entity. Work stops. If the object has already been built, it is not put into operation.

IMPORTANT! From July 1, 2021, restrictions will be introduced regarding the issuance of permits. Only JSCs and LLCs will be able to obtain the title document. In addition, multi-apartment buildings can only be erected on the basis of one permit.

HOW TO OBTAIN PERMISSION TO CONSTRUCTE A PRIVATE HOUSE IN 2018?

As noted, the start of construction work on an individual housing construction project is possible after approval from the authorized bodies. The Civil Code of the Russian Federation (Article 51) describes in detail the process of obtaining approval before the construction of a facility. Unauthorized construction of a building is theoretically possible, but in the future, when connecting communications, serious problems arise, including financial ones.

Let's look at how a building permit is issued. Here you need to go through the following steps:

• Collect a package of papers (more on this below).
• Personally come to the local administration (the department that is responsible for carrying out such work), appear at the MFC, or perform manipulations via the Internet.
• Complete the application and submit the previously collected package of documentation.

The most convenient methods are registration through the official website of the municipal authority or MFC. In this case, you can avoid the queue.

DURATION OF RECEIPT AND VALIDITY OF PERMISSION FOR CONSTRUCTION OF AN INDIVIDUAL (PRIVATE) RESIDENTIAL HOUSE

It takes up to 10 days to review the application and the collected package of papers. After receiving approval for the construction of individual housing construction, you can begin laying the foundation of a private house, purchasing building materials and performing other activities related to the construction of the facility. There is no need to pay for the service - it is provided free of charge.

In the absence of comments on the contents of the application and the papers, the period for issuing a construction permit does not exceed the specified period (10 days), but the time for which the permit is issued is limited to 10 years. If the applicant did not invest within the mentioned period and did not begin the construction of a private house, he will have to go through the procedures again and issue a construction permit, taking into account the current deadlines for obtaining.

As soon as the bureaucratic measures are completed, the erected building is registered with Rosreestr, after which the applicant receives the necessary package of papers confirming ownership of the object.

Advantages and disadvantages of individual housing construction

The undoubted advantages of individual housing construction include:

• the opportunity to participate in government programs;
• Individual housing construction is private property;
• you can build a residential building without transferring the land to another category;
• the house will be located in an area with good infrastructure;
• the owner can register in the house.

The disadvantages include the high cost of the plot, which is not suitable for everyone, and the inability to conduct personal farming. Although the latter is not prohibited by law, plots for individual housing construction do not allow for a lot of space to be allocated for livestock or garden beds.

The construction of a private house in 2021 is no different from this procedure in 2021. At least until new amendments to the legislation are adopted. The main thing is to collect all the documents and obtain a building permit. And after registering ownership, you will be able to dispose of the property at your own discretion.

WHAT PAPERPS ARE REQUIRED?

To obtain permission to build a house in 2021, you will need the following package of documents:

• Applicant's passport.
• GPZU.
• Extract from the Unified State Register of Real Estate.
• Title papers for the land plot or a certificate confirming the fact of ownership of the plot.
• Land plot layout diagram showing a private house.
• Detailed description of the future building (project).

Permission for the construction of individual housing construction projects up to 3 floors is issued according to a simpler procedure. Let us highlight what documents will be required in this case:

• Confirmation of ownership of the memory.
• GPZU.
• Scheme for the placement of the structure and organization of the site.

With simplified registration, registration of a plot of land is a prerequisite. Schemes and GPZU are often requested by authorized bodies independently. In some cases, it may be necessary to provide additional papers, namely the results of various examinations, written approval of copyright holders (if there are several of them), as well as permission to deviate from legal parameters.

Construction standards in SNT - requirements for facilities

SNiP 30-02-97, SP 53.13330.2011 regulate construction rules on gardening sites. According to the requirements of the documents, the owner of the site must comply with the following standards:

• the area of ​​the plot should not be less than 0.06 hectares or 6 acres;
• a fence needs to be installed around the perimeter;
• Fire safety requires maintaining distances between objects in adjacent areas. This parameter is determined by the material from which the object is built: non-flammable - 6 m, with wooden floors - 8 m, made of wood - 10 m. In this case, the distance between residential and non-residential buildings on one site does not matter;
• sanitary and household requirements include several points:

1. – the distance from the house to the border of the neighboring plot should not be less than 3 m;
2. – distance from the house to the street – 5 m, to the driveway – 3 m;
3. – if the building is used to keep livestock or poultry, then the distance increases to 12 meters from houses and 1 from other buildings, up to 4 m from trees and 2 m from bushes;
4. – the distance between the well and the latrine should not be less than 6 m;
5. – the house and the restroom (shower, bath) must be located at least 8 m from each other.

Separate standards relate to the height of the room; the construction of a house in SNT in 2021 must be carried out taking into account all safety requirements. Thus, the distance from floor to ceiling cannot be less than 2.2 m, outbuildings, basements - 2 m, and cellars - 1.6 m, the number of floors - no more than three.

Otherwise, there are no restrictions, the layout, the presence of stairs depends entirely on the wishes of the owner of the site.

But organizing water flow to neighboring areas is strictly prohibited.

A separate requirement concerns water and electricity - access to these communications must be required. The lack of sewerage, gas pipelines, and heating is not considered grounds for refusal to issue a building permit.

WHEN IS FAILURE LIKELY?

Before making (obtaining from the authorized bodies) a permit for the construction of an individual housing construction (private house), it is important to understand the main reasons for refusal when issuing approval. Employees of such structures, as a rule, check the completeness of documents, the correctness of the planning organization diagram, the correctness of the object’s designation on the map, as well as the compliance of the transmitted information with the standards of the GPZU.

If the applicant has submitted a complete package of documents, compiled in accordance with the law and does not raise any complaints from the inspection authorities, you can come to the authorized body within 10 days and get a construction permit. If there are any comments, a refusal is issued, which is issued in writing and with a detailed explanation of the reasons for such a decision. In 90% of cases, the refusal occurs due to an incomplete package of papers or a discrepancy between their contents and the requirements of the GPZU.

After receiving a refusal, it is necessary to correct the errors, and if there are doubts about the legality of such actions, file a lawsuit.

Illegal construction

Individual housing construction, which was carried out without the necessary permission, can become a source of problems for the owner:

1. The house will not be equipped with the necessary communications.
2. The building cannot be registered with the BTI.
3. Without legal registration of ownership rights, the building cannot be disposed of.
4. To obtain permission for an already constructed building, you will have to go to court. Satisfaction of such claims is extremely rare.
5. If upon inspection it turns out that the house was built in violation of SNiP, then it will simply be demolished. And the owner may be held administratively liable for threatening the environment.

TERMINATION

As noted, a building permit is issued for a period of up to 10 years. If the applicant did not have time to invest in this term, the registration stages will have to go through again. At the same time, the Civil Code of the Russian Federation specifies situations in which the mentioned document ceases to be valid. This is possible for the following reasons:

• The right to own the land plot was forcibly suspended (through the court) with the subsequent transfer of the plot in favor of the state.
• Refusal of the owner's right to own the land.
• Termination of the agreement on the basis of which the citizen used the lease (for example, a lease agreement).
• Impossibility of further use of subsoil due to termination of the relevant right. Relevant if such approval is required for construction work.

Within 30 days from the date of termination of the right, the structure that draws up the construction permit revokes the document on the following grounds - notification of the owner about the termination of use of the land plot or an authorized structure about the termination of the right to use subsoil.

Knowing where and how to obtain a construction permit, you can avoid bureaucratic delays and quickly begin work. In the future, you can easily receive the necessary papers confirming ownership after completing the planned activities.