Permission to demolish a private house - situations, type of demolition, where to get it, how to carry out the demolition

Pravozhil.com > Real estate registration > Permission to demolish a private house - situations, type of demolition, where to get it, how to carry out the demolition

How to obtain permission to demolish a private house? Owners of old houses know well how much effort, money and time it takes to repair them, bring them into decent shape and maintain them.

The latter is especially labor-intensive and costly - as soon as the roof was repaired, cracks appeared on the walls, as soon as the windows were replaced, the floors became covered with dampness. As soon as the heating system was corrected, the roof leaked again. The vicious circle has no end.

And those owners who do not live in old buildings, but received them as an inheritance or in some other way, understand how unprofitable investments in such real estate are. It is much easier, cheaper and faster to demolish an old house and build a new one.

But, before embarking on the implementation of grandiose projects and dreams, it is necessary to keep in mind that in order to smoothly destroy an unprofitable dilapidated home, it is sometimes necessary to obtain permission to demolish a private house.

The legislative framework

This issue is regulated, firstly, by the Civil Code of the Russian Federation, Article 260 of which talks about the rights of the landowner.

Secondly, this is the Land Code. In particular, Article 40 of Part Two gives each legal owner of land the right to build on it, in accordance with the intended purpose of the site and the permitted use.

The third regulatory legal act is the Town Planning Code of the Russian Federation, which contains the procedure for obtaining permission, norms and rules for construction and demolition.

When you don't need permission

However, if the extension fits in organically and does not violate any of the above conditions, as well as sanitary and fire safety standards , then no permission from neighbors is required in this case.

And here the status of a blocked house, if the house is divided in kind with proper registration, as well as determining the procedure for using the land, undoubtedly wins.

Since for construction on your own land no permissions from neighbors are required.

But given the size of our plots, it is unrealistic to comply with all these standards. So in architecture they require a building permit from neighbors without fail , in order to avoid consequences...

Permission to demolish a private house - where to apply

Where to apply for permission to demolish a private house?

It is possible to obtain permission to demolish a house if there is ownership rights.

It is necessary to contact the administrative body of the municipality at the location of the object - city, town, village, and architectural bureau. There is no concept of “demolition” in the legislation.

Instead, the terms “dismantling” or “reconstruction” are used, the latter is applicable in the case when a new one of the same size and area is built on the site of a demolished building. By the way, in this situation permission is not needed.

According to the Town Planning Code, during the construction, reconstruction, dismantling, and repair of individual housing construction projects, which include houses that stand alone and have no more than 3 floors with accommodation of no more than one family, there is no need to generate project documentation, as well as state expertise for such structures are not carried out.

How much does it cost to dismantle a house in 2021?

Dismantling and reconstruction of a private house is a very expensive undertaking . When concluding an agreement with a construction company for the demolition of a house, you need to make sure that the estimate is drawn up at the initial stage of the agreement and is not subject to change in the future.

The costs of demolishing the building will consist of the following components:

• Payments for construction workers and drivers;
• Equipment rental;
• Garbage removal and disposal.

The price for the work of construction companies during the dismantling of premises will be calculated for each square meter of the demolished building. Tariffs will depend on floor materials and the location of the construction site.

For dismantling a building measuring 4 by 4 square meters, builders will charge at least 12,000 rubles . In this case, payment for containers for storing and transporting waste is carried out separately.

Dismantling the foundation is usually also priced separately, but on average costs at least 10,000 rubles . Demolition of a brick building is almost two times cheaper than a monolithic concrete structure.

Documents required to obtain permission

An application for permission is submitted to the local government body, to which the following is attached:

• identification documents;
• documents on ownership of real estate;
• documents on ownership of the land plot;
• land plan.

If the house is intended for several families or has more than 3 floors, then the following are also served:

• project documentation with a set of technical papers;
• coordination with other residents and the procedure for their resettlement.

Next, having permission, the owner proceeds with the immediate demolition of the house, while observing urban planning regulations and safety measures:

1. Preparing the area - installing fences to ensure the safety of neighboring areas.
2. Disabling communications.
3. Cleaning up the site after demolition.
4. Removal of construction waste and its full disposal.

Thus, the package of documents for obtaining a permit is based on a certificate of registration of ownership, without which, no matter how enterprising a person is, it will not be possible to legally demolish the house.

Features of dismantling buildings

Demolition of private houses is a serious matter. Dismantling work must be carried out by specialists with extensive experience.

You cannot try to demolish a building on your own; this can be dangerous not only for the person carrying out the demolition, but also for surrounding citizens.

Before starting demolition, a team of specialists must conduct a detailed analysis of the building, select the equipment needed for the job and choose a dismantling method, taking into account the following factors:

• Wall thickness;
• House floor materials (wood, brick, concrete, reinforcement);
• Number of floors of the premises;
• Property location.

A wooden house, for example, is much easier to demolish than a brick one . Dismantling of wooden houses is often carried out by manual demolition, gradually starting from the roof using ordinary sawing of logs.

To demolish brick houses you will need an excavator. To demolish the foundation you will need diamond cutting.

Demolition of a brick house, subject to the rules for dismantling buildings, takes about 2-3 hours.

However, demolishing the house is only half the battle . The second half and more difficult work in this case is the dismantling and disposal of construction waste. It is impossible to demolish a house and leave behind piles of concrete and dust; this is dangerous for others.

How is construction waste disposed of?

Many people ignore the legal requirement for mandatory dismantling of construction waste because this action is very expensive.

It must be taken into account that waste disposal is the responsibility of the customer. Moreover, citizens are subject to special legislative standards for waste removal. They are equal to 7 cubic meters of waste per month.

To be able to remove more waste, you will need to obtain permission from the Ministry of Natural Resources.

Waste disposal includes several important steps:

• Preparing equipment and coordinating its arrival;
• Filling out accompanying documents;
• Sorting waste according to hazard classes;
• Search for places to receive recyclable materials;
• Search for a landfill for waste disposal.

In order not to directly deal with all these manipulations with construction waste, citizens delegate this responsibility to construction or installation companies for an additional fee.

Nuances

What should you pay attention to?

The demolition procedure, as mentioned above, largely depends on the nature of the work.

For example, when demolishing but leaving the foundation on which a new one will be built, a permit is not needed, since the process can be formalized as “house reconstruction” or “major renovation” - if the area of ​​the property remains unchanged. But even if the area is increased or decreased, the BTI and state register authorities will take into account the changes that have occurred in a notification procedure.

If demolition is planned with the cancellation of the entry about it in the register, then it is also necessary to dismantle the basement part of the building, the foundation to ground level. Disconnection of communications is coordinated with the relevant utility services.

After demolition, you should contact the technical inventory authorities, whose specialists will draw up an inspection report of the structure. Based on this act, bureau employees cancel the entry about the house. Then you need to submit an application to Rosreestr to make a new entry about the termination of the existence of the house. Attached to it:

• technical passport (with a canceled entry about the house);
• a document confirming the actual existence of the house (commissioning act, which is stored in the architectural bureau, i.e., the department of architecture and urban planning).

If the house is not registered in the BTI and the title to it is not registered, the demolition is carried out without any legal registration.

Thus, the nature of the demolition of a private house depends on the presence or absence of a record about it in the inventory authority and the state register.

In what cases is neighbors' permission required for construction?

Permission from neighbors is required only for construction work that may directly affect residents of nearby houses (apartments).

This includes changes to the facade and load-bearing structures of an apartment (semi-detached) building, any redevelopment in a communal apartment, construction work in common areas, construction of a house or building at a distance too close to the neighboring plot.

The result of the construction work performed should not threaten their life, health, safety or contradict sanitary or fire safety standards .

Thus, at the legislative level, possible disputes and disagreements between neighbors are prevented and regulated (a neighbor who has given consent to construction can no longer challenge the illegality of the construction).

Expenses

Demolition requires significant costs.

Firstly, if it is difficult to dismantle the house yourself, like wooden or similar houses, then you will have to turn to the services of architectural firms specializing in such matters.

Even if the upper part of the house can be disassembled with your own hands, the foundation often has to be demolished with special equipment.

The company's engineers will prepare a demolition project, taking into account protective fences, disconnection of communications, timing and order of work, and will draw up estimates, which are recommended to be carefully studied in order to avoid excess costs.

The second cost column is garbage removal and waste disposal. If it is impossible to do this yourself, then you will have to hire specialists again, whose prices, as a rule, depend on the number of machines used to load waste.

conclusions

Demolition of a house is a labor-intensive and responsible process that should be approached consistently and competently. It is necessary to comply with legal rules and safety measures, coordinate work with neighbors and city services, and be sure to notify accounting authorities.

If you carry out the procedure correctly, point by point following the prescribed instructions, then all stages will be completed easily and calmly.

You can learn about the nuances of demolishing private houses from the video:

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Discussion: 7 comments

1. Anna says:
   10/17/2017 at 00:46

   Often home renovations cost a tidy sum; we have also thought about building a new home more than once. I didn’t even know that you need a permit to demolish your house. The essence of the law as a whole is clear and indeed everything must be fulfilled.

   Answer

2. Sergey says:

   01/17/2018 at 18:43

   Anna, then don’t put it off. Now, while it’s winter and off-season, almost all companies have good discounts on house demolition. If from St. Petersburg, then contact dom-snos.ru

   Answer

3. Elena says:

   01/21/2019 at 14:51

   Hello, tell me how to get out of this situation. I demolished the old house, built a new one on this site, the cadastral engineer did the documentation, assigned a new cadastral number, the house number was not indicated, submitted an application to the MFC, they refused the house number, because... there is a registered previous home on it. Where to submit an application that the old house has been demolished and what to do in this case??

   Answer

   Masha says:

   02/25/2019 at 16:36

   Elena, hello. Contact a cadastral engineer, they will draw up an act. With him at the MFC.

   Answer