Permission to build a house or cottage on your own site. How to get it and what documents are needed?

Article updated: September 30, 2021
Devyatkin Alexander Land lawyer. Experience working with land plots since 2005.

Hello. Legislation related to summer cottages changes quite often. Even several times within one year. Therefore, the information here is relevant for 2021. If anything changes, it will be updated in the article.

First you need to know the following - summer cottages no longer exist, they have become garden plots . According to paragraph 7 of Art. 54 of Federal Law N 217-FZ, a land plot automatically becomes a “garden plot” if it has VRI associated with a garden or dacha: “garden land plot”; "for gardening"; “for gardening; “dacha land plot”; “for running a dacha farm”; "for country house construction." There is no need to re-register anything.

Now the answer to the question - permission is not required for the construction of a garden or RESIDENTIAL house on a garden plot . Let me remind you that it is allowed to build residential buildings on dacha plots and to register in them.

Certain documents will be needed only after construction - to register the house for cadastral registration and register ownership of it. It does not matter: 1) A residential or garden house will be built. 2) Whether the plot is in any partnership or not. This simplification is valid until March 1, 2021. Below I will describe the main nuances indicating the articles of the laws.

The nuances of obtaining permits

There are no additional fees or charges when submitting documents. Until 2021, registration was carried out in a simplified manner; this procedure did not require the submission of project documentation. If the documents were received earlier and the validity period has not expired, there is no need to reissue them. After the expiration date, you will need to re-register again.

A document may become invalid under the following circumstances:

the owner, on his own initiative, renounced the right to land;
ownership rights to the site were revoked;
ownership of subsoil, without which the building cannot be operated, has been terminated;
forced revocation of property rights, including in favor of the state.

Within a month after the termination of property rights, the authorities revoke the building permit. There are situations when, after receiving permits, a change of owner occurs.

What is a "dacha"?

Every year, from spring to late autumn, most of us spend a lot of time at our dachas, because fresh vegetables, berries and fruits grown with our own hands are much tastier and healthier. In addition to beds, bushes and trees, our “dachas” can contain various objects.

When we use the word “dacha,” we most often do not think about the type of site on which it is located, nor about what is located there.

Depending on the intended purpose of the site and the characteristics of the objects located at the “dacha”, several situations may arise, which we will consider further. The legislation does not contain the term “dacha”. Therefore, for convenience, I propose to use the word “dacha” to directly denote an object located on the site where you grow something.

Construction on plots for individual housing construction

The procedure is almost identical to the points described above, with the exception of a few rules.

In order to obtain permission to build a house on a site intended for individual housing construction, an application is made for a visit by a UA&G employee to the relevant territory, who will give an opinion on the possibility or prohibition of construction.

Before this, the developer must submit to the district administration a statement of the owner’s desire to obtain permission, a copy of the certificate of ownership, and a petition from the rural district. In addition, you will need an extract from the house register.

A permit is issued if a copy of a personal account opened at the place of registration is provided, as well as a site plan with the surrounding area, underground and surface communications marked on it.

Details

Requirements for objects

How to obtain a permit so that you can start building a house in SNT? First, make sure that both the future house and the land fully comply with legal requirements. The following requirements apply to residential buildings on land for gardening:

Up to 3 ground floors are allowed.
The height of the building should not exceed 20 meters.
The minimum housing area is 1 living room (from 8 square meters), a living room (from 12 square meters), a dining room or kitchen (from 6 square meters), and there must also be a storage room, a bathroom and a toilet.
The minimum ceiling height from floor to ceiling should be 2.7 meters, and in the attic 2.3 meters.
The living room and kitchen must have windows that let in natural light.
It is necessary to arrange a ventilation, heating, drainage system, as well as water supply and electricity.
The minimum temperature in the house during the heating period should be 20 degrees in the living room, 24 degrees in the bathroom, and in the toilet and kitchen from 18 degrees.

Please note that if you are planning to build a garden house and not a residential one, then you do not have to comply with the temperature requirements. There are also additional requirements for land allotment:

There must be a minimum of 300 square meters of land.
The minimum distance from the building to the neighboring border is 3 meters.
The distance from the fence to the house wall is (minimum) 5 meters.
The permissible distance from technical networks is from 0.6 to 10 meters (it all depends on the degree of pressure and the network).

So, let's move on to preparing the documents.

Obtaining a building permit in SNT: step-by-step instructions

Before starting the construction process, it is important to contact local administrative authorities and obtain permission. Otherwise, the construction will be declared illegal. Obtaining permission and registering rights in Rosreestr consists of such actions.

Preparation of documentation for local authorities

It is required to submit a notification about planning the construction of a garden or residential building. The notification must include the following information:

Full name of the administration.
Information about the applicant (registration or residence address, full name, passport details, telephone numbers and email address).
Information about the land plot - cadastral number, type of use right (for rent or ownership), address, rights on the part of other people other than the applicant (if any), purpose of the land plot in accordance with the excerpt from the cadastre).
Information about the property - type (residential or garden), type of work (reconstruction or construction), height, number of floors, area, all indents and distances).
External description of the building - information about the architectural design, color scheme, graphic images (the appearance of the housing is required to match the specific region, which is why it is important for the applicant to get it approved by the cultural committee and the local administration).
In order to obtain construction permits from SNT, be sure to attach to your application a diagram of the facility reflecting the location on the site.
Additional information - which option is chosen for informing the applicant about the status of the application, consent to the processing of confidential data, and also confirmation that the building is indivisible.
Signature and date of sending the notice.

Below is a sample. Also, copies of the Russian Federation passport and documents establishing land rights are required to be attached to the notification; if the applicant’s right is registered, then such documents do not need to be attached, and if there is no registration, then the condition becomes mandatory.

Contacting the administration

Next, you need to go to the department that is responsible for issuing permits for the construction of non-residential and commercial properties. As a rule, this is a committee or department for urban planning and architecture. If a plot of land is located in a territory with a special status (for example, an area with environmental protection), then it is required to send a notification with documents to the regional committee that manages such lands. If there are different methods for submitting documents to authorities:

Personal appeal to the administration.
Through the official website of State Services.
By registered mail so that you receive notification of delivery (there is no need to notarize the documents).

Residents of the capital can also contact for help, appointment only by phone.

Getting permission

The municipality considers the application and makes a positive or negative decision. In the first case, a person receives a notification within 7 working days, and if the structure is on the territory of a cultural or historical monument, then the period for sending the notification increases to 20 working days. If there is no answer, this can also be regarded as a positive decision. The notice is valid for 10 years. But a negative answer may come in this case:

The construction project contradicts the purpose of the land plot.
The object does not meet the standards and technical requirements.
The applicant does not have rights to the land (for example, the lease agreement states that all actions must be agreed upon with the tenant, but the applicant did not fulfill this condition).

If the shortcomings can be corrected, then in the future the applicant can apply to the administration again.

How to notify the administration about the completion of construction?
After this you need:
Complete construction work before the end of the validity period of the permit issued by the municipality.
Contact a cadastral engineer and get technical. site plan.
Notify the administration about the completion of work (maximum period is one month from the date of completion of construction work, the methods are the same - directly, through the State Services website, MFC or by mail).

Notification of completion of construction will be similar to notification of planned work to obtain a permit. You only need to indicate the details of the document on the state fee for registration of rights in the register. The following documents must be attached to the notification:

Those. site plan.
A receipt for payment of the state duty for 2000 rubles (details can be obtained from the MFC or Rosreestr).
An agreement on shared distribution if several people own a land plot at once).

Within 7 working days, the applicant will be notified that the residential property complies with the standards and legal requirements. But sometimes even those who claim that they have received permission to build on the SNT site, after notification of the completion of construction, receive the most pleasant letter stating that the requirements have been violated. The reasons may be:

If the object was built without complying with technical parameters.
If the house contradicts the purpose of the land plot.
If the applicant provided false information.

Such cases are usually considered in court on an individual basis.

Registration of an object in Rosreestr

The last step in which the applicant does not need to apply to Rosreestr independently, since the application for registration is sent by municipal authorities. After dispatch, the owner will be informed. When registration is complete, registration can be considered complete. The owner receives an extract from the register. Moreover, if the municipality for some reason did not send an application, the owner can do it independently. In this case, Rosreestr sends a request to the municipality to obtain all the necessary information.

Liability for construction without permission

A building that was built without permission cannot be inherited, donated, or sold. Such a house does not have official documents, which makes legal transactions impossible. Illegal buildings can attract high taxes, which are several times higher than standard fees. If there is an illegally built house on a SNT site, the owner must go to court and prove that the property complies with safety requirements and urban planning standards. The resulting decision from the court is sent to Rosreestr. Sometimes the municipality itself goes to court to demolish an unregistered building, and to prevent such cases, filing a counterclaim is required.

How to change the status of a garden house into a residential one

The legislation establishes the following methods for converting a garden house to residential status:
Reconstruction - in this case, the procedure is similar (first they notify the administration about construction, etc.).
Applying to the housing authority with an application to change the purpose of the garden house (attach a technical plan and title documents for the property).

In the role of reconstruction, extensions can be used - additional garages, bathhouses, living quarters that are combined with the house. Attics and additional floors can also change house parameters, and therefore belong to reconstruction work. At the same time, major repairs, renovation of floors and roofs are not included in the reconstruction process. The transfer of non-residential premises in a house to residential premises can be considered a recommendation, despite the fact that the area of the house and the number of floors have not changed.

We do not recommend demolishing an old house and building a new one in its place, pretending that reconstruction has been carried out. It is better to order an inspection from a cadastral engineer - according to it, the house will be declared unfit for habitation, after which it will be allowed to be demolished, and then you can notify the municipality about the planned construction work. If this is not done, then local authorities may recognize the house as an unauthorized construction and refuse to register it, which will require the initiation of legal proceedings.

Nuances

You do not need to obtain a building permit from SNT if you plan to build a gazebo, bathhouse or garage. It will be enough to draw a plan, attach to it an application for registration, a receipt with payment for 2000 rubles, title documents for the land and send it by registered mail to Rosreestr. If you plan to build a bathhouse or a garage for a car, and the main house is not decorated or is missing altogether, then you will need a permit for the construction of such outbuildings. If this is not done, then the object will be recognized as an unauthorized construction, and then demands for demolition will be put forward.

When is a building permit not required?

Permission is not required in several cases:

If reconstruction, modification or completion of permanent structures is carried out, without violating the building’s structure, its safety and reliability, as well as the parameters established by the town planning regulations;
When you plan to build a garage for personal purposes. It is strictly prohibited to conduct commercial activities in such areas;
During the reconstruction or construction of an object not related to capital (trays, kiosks, pavilions);
During construction on areas intended for gardening or summer cottage farming.

Individual housing construction is not all buildings. These include a house of no more than three floors, taking into account both above-ground and underground tiers. The cottage must be intended for strictly one family residence.

These are several basic criteria for classifying an object as individual housing construction; if these are not met, the development of an individual project and the conclusion of the State Expertise for compliance with norms and rules are required.

Converting a garden house to residential status

If desired, a citizen can change the status of his house, built on a plot in SNT, from garden to full-fledged residential. To do this, he will first need to submit an application to change the type of permitted use of the territory to individual housing construction, and then formalize the reconstruction of the building.

Despite the fact that technically the house will not be changed in any way, the procedure is still formalized as reconstruction. At the same time, no one and nothing prohibits a citizen from actually carrying out any work:

increase the area of the room by adding extensions;
build an attic;
change the layout, etc.

Distance from neighbors

On the territory for individual residential development, the location of all objects from the neighboring site must be strictly regulated. Wherein:

The distance to a one- or two-apartment house must be maintained at least 3 m;
The distance from the premises for livestock and poultry is 4 m;
1 m must be left to auxiliary outbuildings, trunks of small trees, and shrubs;
The distance for old tall trees is planned to be at least 4 m.

If you plan to build a one- or two-apartment house, the windows and walls of the neighboring cottage, sauna, garage or barn must be at least 6 meters away.

Expansion of existing area

This happens when you need to build another building next to the cottage. In this regard, many owners have questions about the legality of such a building.

Permission can be obtained by fulfilling specific urban planning requirements:

maintain distances from neighbors - 6 m, from an already built house - 3 m and from outbuildings and auxiliary premises - 1 m, also do not violate the building density prescribed in the standards;
preserve the purpose of the site – i.e. its residential focus.

If the future construction meets all the above rules, you can safely contact local authorities to obtain permission.