General concepts about home renovation
Reconstruction is mentioned in the Town Planning Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation), in the Civil Code of the Russian Federation (Civil Code of the Russian Federation) and in some other regulatory legal acts (NLA).
In other words, if you decide to add a second or third floor, restore the foundation, make an extension to the house, or build a new one on the site of an old house - this is reconstruction.
Such measures will entail changes in the parameters of the house - area, number of floors, engineering and technical supplies (heating, electricity, water supply, etc.).
Differences between reconstruction and major repairs and redevelopment
Reconstruction is often compared to redevelopment or major renovation. But this is a mistaken opinion. Redevelopment involves changes only to the interior of the house, major repairs involve the replacement or restoration of some elements, and reconstruction involves changing the area and facade of the room.
For a general understanding of the differences, let’s briefly consider redevelopment and overhaul.
Redevelopment, according to Art. 25 of the Housing Code of the Russian Federation - changes to parts of the house that require adjustments to the technical plan of the house. It includes:
- moving door or window openings;
- moving or dismantling partitions,
- installation of additional bathrooms, etc.
To redevelop a house, you need to obtain permission from the district administration by applying directly or through the MFC.
If you have not been given permission for redevelopment, write to our lawyer! He will help you understand the validity of the refusal.
Major repairs are the replacement or restoration of outdated parts of the house, engineering and technical support, as well as individual parts of the load-bearing structures of housing. Such activities do not require changes to the technical plan and obtaining permission.
An example of a major overhaul is the replacement of the roof, plumbing, heating, replacement of partitions, etc.
A distinctive feature of reconstruction is changing the parameters of the house, aimed at increasing the area and number of floors. But redevelopment and overhauls do not entail such global changes.
Regulations governing reconstruction:
Permission
Reconstruction of a house requires obtaining official consent from local authorities, since changing the parameters may lead to a violation of its safety.
A permit is a special document that confirms the compliance of project documentation with all the requirements that are controlled and established by urban planning regulations, as well as the land surveying project and the territory planning project.
Registration of this permit must be mandatory for houses located on plots with the following categories:
- Individual housing construction.
- Low-rise building.
- Personal subsidiary farming.
After contacting the relevant authorities, specialists must analyze the new reconstruction project and, if it does not violate the necessary conditions, issue a special permit.
Registration of permission for the reconstruction of a house
Renovating a house is a very important process that requires approval and permission from local governments. Since changes in parameters can disrupt the safety of the house and affect the interests of the people living in it, as well as neighbors.
Article 51 of the Civil Code of the Russian Federation defines permission for reconstruction.
To obtain permission, you need to contact the department of architecture and urban planning in the municipal administration (according to paragraph 4 of Article 51 of the Civil Code of the Russian Federation) and submit an application with the appropriate package of documents.
The entire list of documents required to obtain permission for reconstruction is contained in clause 7 of Art. 51 Civil Code of the Russian Federation.
This list is not final. Requirements for the list of documents may differ in each subject. Therefore, before registration, you should clarify this information with a specialist in the specialized department.
You can apply in person or through an authorized representative. Also, the Civil Code of the Russian Federation in paragraph 7 of Art. 51 provides for the possibility of submitting an application through the MFC.
After submitting the documents, the application is considered within 7 working days, after which the applicant must be notified in writing of the adopted resolution. The applicant must contact the fire service and the SES to further agree on a decision, which will result in the issuance of a permit or refusal.
If the answer is positive, you can proceed with the reconstruction yourself, if the area of the extension/superstructure does not exceed 10 square meters. m. Otherwise, the reconstruction must be carried out by a specialist licensed to perform such work.
The validity period of the permit is no more than 10 years from the date of receipt of the permit (Clause 19, Article 51 of the Civil Code of the Russian Federation). It can be extended by contacting local authorities with a corresponding application no later than 60 days before the end of the period. After 10 years, if the reconstruction was not at least 70% complete, the permit will need to be reissued.
After completion of the renovation, it is necessary to obtain a conclusion on the compliance of the reconstructed house with the requirements of technical regulations, other legal regulations and design documentation, including the requirements for energy efficiency and equipping the capital construction facility with energy metering devices - issued within 10 working days by the district inspectorate of state construction supervision.
After receiving such a conclusion, it is necessary to update the technical passport data by registering the house in the Unified State Register of Real Estate, since the technical parameters of the housing have changed. To do this, you need to obtain permission to put the house into operation from the same self-government body, again collecting a package of documents with an application and permission for reconstruction. Such permission is issued within 10 working days.
Obtaining permission is a mandatory procedure. If the renovation is carried out without permission, an administrative fine will be imposed (2 - 5 tr.), in accordance with clause 1 of Art. 9.5 of the Code of Administrative Offenses of Russia.
In this case, the reconstructed house will be recognized as an unauthorized construction, which must be legalized (read how to legalize an unauthorized construction). To do this, you need to take a new cadastral passport from the BTI and, together with the old one, provide the documents from the list to the administration and obtain permission for reconstruction. In the future, it will be possible to register ownership of the reconstructed housing. It is also possible to legitimize reconstruction through the courts.
Did you know that the result of considering claims depends on how legally competent it is drawn up? Our professionals are ready to help you file a claim absolutely free. Just write on the right in the chat.
You can also call the following phone numbers:
8 ext. 849 – Moscow and region;
8 ext. 501 – St. Petersburg and region;
8 ext. 481 – all regions of the Russian Federation.
As for the reconstruction of houses in SNT (garden non-profit partnerships), thanks to the adopted Federal Law No. 93 of June 30, 2006 “On the dacha amnesty,” permission is not required. And to register ownership rights, a simplified procedure is used - it is enough to provide a declaration about the real estate property to Rosreestr. In this case, the land plot in SNT must be owned.
You may be interested in: what is a dacha amnesty?
Cost of obtaining permission for reconstruction
When obtaining permission to carry out renovation, you will need to incur some expenses. At the stage of collecting documents - this is payment for the services of a specialist to draw up a reconstruction project - the cost is negotiated individually, since the price consists of the area of the house and the complexity of the work performed. The costs should include the registration of a registration certificate for the house in the BTI, the amount of the state duty, which is established in each subject of the Russian Federation.
You will also have to pay a state fee for registering ownership of a reconstructed house - 350 rubles. (Clause 27, Clause 1, Article 333.31 of the Tax Code of the Russian Federation).
Construction of an additional floor
In the case of the construction of an additional floor during the reconstruction of a house, the status of the building changes, since the so-called concept of number of storeys is affected. At the same time, changes must be reflected in both cadastral and technical documentation for a private house.
However, if the house originally had a high roof, the owner has the right only to insulate the room from the inside , converting, for example, the attic space into an attic. Then the premises are transferred from the status of “non-residential” to “residential”. But, if the construction of an additional floor is carried out by adding a structure to the roof, then a more thorough analysis is required.
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Obtaining permission is determined by three main points:
- the quality and technical characteristics of the house, as well as the totality of the elements of its structure;
- the permissibility of erecting a taller building in the existing urban planning context;
- the structure of the soil prevailing on the site.
Use of maternity capital in reconstruction
In accordance with paragraph 1 of Art. 10 Federal Law “On additional measures of state support for families with children” dated December 29, 2006 N 256-FZ (hereinafter Federal Law No. 256) funds mat. capital can be used to reconstruct a house if several conditions are met:
- performance of a 3-year-old child;
- the housing area will be increased;
- the house is registered as joint ownership;
- The housing area for each member does not exceed 18 square meters. m.
If all conditions are met, you can contact the Russian Pension Fund (hereinafter referred to as PFRF) and submit an application for the disposal of the mat. capital and the following documents:
After checking the documents, the Pension Fund of the Russian Federation transfers 50% of the subsidy amount to the account of the capital recipient within 2 months, and the remaining money is transferred no earlier than six months after receiving the first part. To do this, you must re-apply to the Pension Fund of the Russian Federation with an application and certificate of inspection of the reconstruction. This document is issued by the department of architecture and urban planning in the administration.
If a contractor was hired to carry out the reconstruction, then after completion of the work the entire amount will be transferred to the organization’s account.
If the reconstruction of the house cannot be postponed until the child is 3 years old, then you can carry out the necessary work, and then receive maternity capital to compensate for the costs of renovating the house. Federal Law No. 256 also provides for the possibility of repaying a loan taken for reconstruction using a government subsidy.
Required documents
To obtain permission, you must contact the architectural department or the local administration with an application. You must also provide the following documents:
- A copy of the applicant's civil passport.
- Title documents for the plot and house.
- Technical plan together with a cadastral passport from the BTI.
- An extract taken from the house register, which should contain information about the number of registered people, as well as their consent to the reconstruction.
- Project of architectural solutions.
- If necessary, topographic analysis of the territory.
This list of documents is not final and may vary depending on the subject . Documentation is reviewed within one month.
ATTENTION! If the reconstruction process can affect the strength characteristics of the house, then it is advisable to involve an organization that has SRO approval.
Refusal of permission to reconstruct a house
The grounds for refusal to issue a renovation permit are specified in paragraph 13 of Art. 51 Civil Code of the Russian Federation. These include:
The refusal can be appealed pre-trial and in court. In the first option, an application is submitted. To do this, you need to submit to the court a package of documents to obtain permission, an application and the refusal of the authorized body to issue permission for reconstruction. As a rule, in such cases the court sides with the plaintiff. The main thing is that the work carried out complies with urban planning legislation.
Still have questions? Write to us in the chat, as many users have already done, and you will receive a free consultation from a specialist on land issues.
Questions from our readers
How to obtain permission to reconstruct a private house through State Services?
The State Services portal provides the opportunity to submit an application for a permit.
The user needs:
- log in to your personal account using your login and password;
- go to the “Building Permit” section;
- select a service;
- fill out the form provided by the system;
- submit the application for consideration.
The status of the application can be tracked in your personal account. The citizen will be invited on the appointed date to submit original documents.
