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.

How to properly formalize the demolition of buildings and structures

If you are a property owner and have decided to demolish a house or other buildings on your site, you need to take into account that the scheme for such actions is regulated by the Town Planning Code of the Russian Federation. New provisions on this issue were introduced on August 4, 2021.

Note! If demolition began later than the specified date of 2018, then before drawing up the inspection report, the technical customer or developer should receive a special project.

It will spell out all the rules for organizing and carrying out the demolition of a building. The document is issued by an architectural and construction design organization.

In addition, you need to contact those companies that operate and maintain engineering and communication networks. You need to get conditions for disconnection from them.

The contractor or developer himself can demolish the building. He must contact the mayor's office 7 working days, or a little earlier, before the start of work to notify the authorities about the demolition. The notice can be brought in person in the form of a document or sent by mail. Such applications are accepted by multifunctional centers.

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.

Demolition for the needs of the city

Sometimes the demolition of a house becomes not the right of the citizen-owner, but his responsibility, which is assigned to him on the basis of an order issued by the municipality.

When the initiative to demolish a house comes from the administration, its head is also obliged to obtain official permission for demolition, which will indicate why and why it is planned to dismantle it.

All documents that will be collected to prove the need to demolish the house must be sent to the Federal Office of Architecture.

The following are recognized as mandatory documents:

• Development standards;
• Minutes of the commission meeting;
• Design and estimate documentation.

After approval of the protocol on the demolition of a house, the administration is obliged to notify in writing all citizens living in the house that will be demolished.

Moreover, citizens need to be notified three times . After this, the administration makes a special decision, which is approved by the commission for demolition of the house, which takes upon itself the resolution of all issues related to the dismantling of the building.

Citizens who live in houses being demolished must receive a third demolition notice no later than one year before the start of construction work. The administration is obliged to provide other housing or monetary compensation in exchange for the demolished housing.

When it comes to the demolition of private houses, the administration’s settlements with citizens must also take into account the land plots that the latter owned by right of ownership.

If citizens are not satisfied with what will be given to them in return, they can ask for another housing or another piece of land.

Demolition of a private house is a normal end to the service life of the premises . The owner of the house has every right to demolish it based on personal beliefs and interests.

The administration can force the owner to demolish the house based on reasonable orders and decisions. One way or another, when dismantling the premises you will need to obtain a special permit.

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.

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.

When you don't need a permit

If a property owner plans to dismantle a dilapidated building and build a new house, there is no need to obtain a permit.

After dismantling the building, a BTI employee inspects the site and draws up a report on the absence of the building and the construction of a new premises. Based on this document, the bureau employees delete the real estate entry from the register. After completion of construction, the property owner needs to register the house with the cadastral register.

If the area of ​​the house under construction changes compared to the dismantled building, it is necessary to notify Rosreestr and the Bureau of Technical Inventory.

If the property is not included in the BTI database and ownership of the house is not registered, construction work is carried out without legislative fixation.
https://www.youtube.com/watch?v=qwt-ClbPhHQ

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.

Manual or machine demolition?

Demolition by hand sometimes pays off, primarily because the site owner can reclaim (and then sell or use for other construction) the building materials or parts of the house.

Unfortunately, you can only demolish by hand what is made of not very durable material. So in the case of a brick house, for example, it is demolished using machines - bulldozers, cranes, excavators. This method allows demolition to be completed in a few days, but machine demolition will cost you much less than manual demolition.

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.

   Read also:  Unauthorized seizure of public land: what is it, where to complain

   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

Demolition or dismantling

The process of dismantling a house with a forklift

Sometimes you can come across the statement that demolition and dismantling are two completely different actions. Those who make this distinction usually draw attention to the fact that in the case of dismantling we have the opportunity to return the materials used to construct a given property or even entire fragments of it, while demolition is tantamount to the complete liquidation of the property. However, in practice, the terms “demolition” and “dismantling” are most often used as synonyms - this is how we will use them in our article.