What is a building permit?

If you decide to build your house, you probably wondered how to legalize the work and what a building permit is, in which cases paperwork can be avoided. In this article, we tried to describe how to get this document and what documents need to be collected for this.

What is a building permit for a residential building

According to the Urban Planning Code of the Russian Federation (No. 190-FZ of December 29, 2004), there is a simplified procedure for obtaining a permit for the reconstruction or construction of a detached house, no more than 3 storeys high, intended for one family (part 3 of Article 48 of the Civil Code RF).

A building permit is a document that gives the right to carry out the construction or reconstruction of capital housing, and confirms the compliance of the project with the requirements of the urban planning plan of the land plot.

The Urban Planning Code of the Russian Federation, in accordance with clause 9 of Art. 51, is the basis for the preparation of documents, as well as the basis for issuing permits for the construction or reconstruction of a residential building at the request of the owner (tenant) of the land plot where the work will be carried out.

Note! The lack of land use and development rules (LZZ) deprives the right to obtain a building permit. The only exceptions are situations when construction or reconstruction is underway:

Objects of regional significance;
Objects of local importance in municipal districts;
Objects of federal significance;
Capital construction objects on those lands on which urban planning regulations are not established or do not apply;
In other cases that are provided for and regulated by law.

A package of documents for obtaining a building permit

A package of documents must be attached to the application:

Developer's passport data;
Documents confirming the right to land on which the construction will be carried out (certificate of lease or ownership right, as well as the cadastral passport of the site);
Urban plan of a plot of land - a type of document for the planning of the territory (sample GPZU in the example below).

This document is prepared by the local (city, district) department for architecture and issued to the developer (individual or legal entity) on the basis of an application. GPZU is the basis for the implementation of design solutions for the construction (reconstruction) of individual residential buildings.

A plan for the planning organization of the land plot (SPOZU) agreed with the district architect, on which the location of the future house is indicated;

In the case of reconstruction of a capital residential building, the consent of all rightholders with the attached documents confirming their rights to this house is required;
Project documentation (provided at the request of the developer).

According to paragraph 10 of Art. 51 of the Civil Code of the Russian Federation, the requirement by an authorized organization of other documents from the developer in order to obtain a building permit is not allowed!

Actions in the process of checking documents

Provided that the required package of documents is attached to the application, the building permit is issued within 10 working days. During this time, the submitted documents are checked, as well as the compliance of projects and schemes with the requirements of the urban planning plan of the land plot.

The developer who submitted the application has the right to request permission to deviate from the original limit parameters. If this happens, then a check is also carried out for the compliance of these changes with the requirements that are established in the building permit.

The validity of a permit for the construction of an individual residential building is 10 years.

If a refusal to issue a permit is received, the reasons for the refusal must be indicated. This refusal can be challenged in court.

What does a building permit give?

This authorization document confirms:

Compliance of the project with the requirements of the GPZU (in the absence of a town-planning plan for a land plot - the permitted use of this plot);
The developer is entitled to the construction, reconstruction, overhaul of real estate objects.

Attention! Construction without permits for this from the authorized bodies is considered unauthorized. According to the Urban Planning Code of the Russian Federation (Art. 58), property, administrative, disciplinary and criminal liability is provided for the unauthorized construction of residential and non-residential real estate objects.

A house building permit is valid for a land plot and is not tied to a specific person (except in some cases). And since it is valid for 10 years, then in case of purchase, inheritance of the site by another person during this period, all construction (reconstruction) work within the framework of the project documentation can be carried out without re-agreement with the authorized bodies. In other words, the new owner does not need to go through the procedure for obtaining permission again.

Checking for a building permit

When purchasing a plot, new owners wonder how to check the building permit. The register of building permits contains information about: the number of this permit, the date of registration and the date of its issue. In addition, by contacting the local government in the department of architecture with a written application, you can simultaneously check for a building permit and receive a written response.

Actions after obtaining a building permit

Within 10 days after receiving the permit, the developer must submit to the architecture authority that issued him the permit, the following information:

About the number of storeys of the planned capital construction object and its total height;
Technical conditions (TU) for engineering and technical support, for its connection;
The plan of the land plot, which indicates the location of future buildings (in accordance with clauses 2, 8, 9, 10, Art. 48 of the Urban Planning Code of the Russian Federation).

This information is included in the information system for urban planning activities.