Obtaining a permit for the construction of an individual residential building

Let's start right away from the opposite, with the simplest situations in line with the current legislation:

Civil Code of the Russian Federation Article 51. Building permit:

9. For the purpose of construction, reconstruction of the object individual housing construction the developer submits an application for a building permit to the authorized for issuing building permits in accordance with parts 4 - 6 of this article a federal executive body, an executive body of a constituent entity of the Russian Federation, or local government directly or through a multifunctional center. To make a decision on issuing a building permit, the following documents are required:

1) title documents for the land plot;
2) urban development plan of a land plot issued not earlier than three years before the day of submission of an application for a building permit;
3) scheme of the planning organization of the land plot with the designation of the location of the object of individual housing construction;
4) a description of the external appearance of an individual housing construction object in the event that the construction or reconstruction of an individual housing construction object is planned within the boundaries of the territory of a historical settlement of federal or regional significance.
In total, for a private trader, you need three main documents described above (we do not consider the territory of the historical settlement).

Yes, a statement yet. It all starts with him. You can write it yourself, or by proxy, but this must be done on behalf of the owner of the land plot. If there are several of them, then all copyright holders are indicated in the application. Subsequently, all rightholders will be indicated in the RNS, and the constructed object will also have shared ownership between them.

The application can be written in person to the body authorized to issue the RNS, or through the MFC, or through the Unified Portal of Public Services. This does not work everywhere, but as a rule, the MFC already provides such services in most cases. The application form is approved by the administrative regulations for the provision of the service and in most cases a sample is available. The approved administrative regulations for the provision of services must be posted on the official website of the municipality.

1. LAND STATEMENT DOCUMENT:
A document of title to a land plot is a lease agreement, a use agreement, a certificate of ownership, a purchase and sale agreement. The land plot must have a cadastral passport (cadastral extract), the land plot must have boundaries established in accordance with the legislation.
If the title document is of the old model, then you will probably have to carry out the land survey procedure (establishing a boundary, border). Also, in some cases, land plots do not have information about the borders in the Federal Service of Rosreestr. How to find out?

The most accessible way: a public cadastral map. http://pkk5.rosreestr.ru/

Enter your site number in the upper left corner.
If we see such a record "without the coordinates of the boundaries" - straight to the cadastral engineer.

Similarly, in the cadastral passport (extract), such an entry may be in special marks.

If you have one of the above situations, you will not be able to receive further documents. They are made on the basis of the previous ones. We deal with the ground and come to finish reading.
If the site exists, is registered in the cadastre, then the result will be something like this:

So, in general, everything is fine, let's continue ...
2. LAND PLAN PLAN:
Previously, this document belonged to the category of documentation for the planning of the territory and was approved, but from 01.07.2017. became informational in nature.
In general, this is a document prepared on the basis of information from the Land Use and Development Rules in relation to a specific site. It is for the implementation of this document that the coordinates of the land plot are needed.
This document contains information: what can be built, what height, with what indents from the borders, what percentage of the site can be built up, etc. Particularly curious can read the Urban Planning Code:
Civil Code of the Russian Federation Article 57.3. Urban plan of the land plot.
5. In order to obtain an urban planning plan for a land plot, the right holder of the land plot shall apply to the local government body at the location of the land plot. An application for the issue of an urban planning plan for a land plot can be submitted by an applicant through a multifunctional center.
6. The local government body, within twenty working days after receiving the application specified in part 5 of this article, prepares, registers the urban planning plan of the land plot and issues it to the applicant. The town-planning plan of the land plot is issued to the applicant free of charge.

To prepare it, there must also be a statement. The application principle is described above.
Administrative regulations must also be approved for this procedure.
In general, despite the fact that sometimes a number of difficulties arise, I consider this procedure to be conditionally established for most territories. Therefore, I will not describe the particulars here. Create another theme if necessary.
I will add that the form of the document has been approved, the article is written about this in detail (57.3 Civil Code of the Russian Federation)

It should be added that in a number of possible incomprehensible situations, you can simply order a GPZU. Having received it, you can answer the vast majority of questions.

Where and how to build, how much from where and why to retreat, what are the restrictions.
That is, it regulates the development. This is what the legislation says.
Consists of graphic and text parts. Both are important and should be read carefully.

If there is such a need, you can make three typical SPOSUs - on a rectangular area, the house is in the center, the house is on the right, and the house is on the left. For the vast majority, this scheme will work. Whether she will be accepted by the local self-government bodies is still an open question.

The document is a kind of logical continuation of the Town Planning Plan and cannot contradict it. In fact, the basis of the SPOZU is the cartographic material of the GPZU., Only with specifically designated objects (building spots)

In general, that's all from the documents.

I also consider it necessary to touch on the issue of interdepartmental interaction in this topic (this is when the developer does not need to bring documents, and local authorities request them themselves, and the topic of refusal to issue a building permit.

Article 51 of the Civil Code of the Russian Federation
9.1. The documents (their copies or information contained in them) specified in clauses 1 and 2 of part 9 of this article, requested by authorities, specified in the first paragraph of part 9 of this article, in state bodies, local self-government bodies and organizations subordinate to state bodies or local self-government bodies, in whose possession the indicated documents are in accordance with the regulatory legal acts of the Russian Federation, regulatory legal acts of the constituent entities of the Russian Federation, municipal legal acts, if the developer has not submitted these documents independently.
(Part 9.1 is introduced by the Federal Law of 01.07.2011 N 169-FZ)

Already in various branches I have repeatedly explained that we are talking about existing documents. That is, if it exists in nature.
these are quotes from the "debate" on the forum:
OMS WILL REQUEST GPZU from the body authorized to develop and issue GPZU. The body, in the case of the PRESENCE of a GPZU, will provide it, and in case of its absence, it will give appropriate information that the GPZU for this land plot has not been developed.
And the GPZU is being developed on the basis of the STATEMENT OF THE RIGHT HOLDER.

the same applies to the owner of the land plot.
If I applied, as the owner of the memory, for a Permit without submitting the relevant document for the land, then the OMS will request documents that I am the owner (copyright holder). If I am not, I will be sent.
This must be understood.

Well, the ending:
Article 51 of the Town Planning Code of the Russian Federation:
11. Authorized to issue building permits federal executive body, executive body of a constituent entity of the Russian Federation, local government or an authorized organization that carries out state management of the use of atomic energy and state administration in the implementation of activities related to the development, manufacture, disposal of nuclear weapons and nuclear power plants for military purposes, or the State Corporation for Space Activities "Roskosmos" within seven working days from the date of receipt of the application for the issuance of a building permit, with the exception of the case provided for in part 11.1 of this article:

1) check the availability of documents necessary for making a decision on the issuance of a building permit;
2) carry out an inspection of the compliance of the project documentation or the plan of the planning organization of the land plot with the designation of the location of the object of individual housing construction with the requirements for construction, reconstruction of the object of capital construction, established on the date of issue of the urban planning plan of the land plot submitted for obtaining a construction permit
3) issue a building permit or refuse to issue such a permit, indicating the reasons for the refusal.

A building permit is issued in 3 copies, one remains in the archive in the OMS, 2 are issued to the developer.

The construction permit is valid for 10 YEARS.

The construction permit form, the procedure for filling it out is approved (Order of the Ministry of Construction of Russia dated 02.19.2015 N 117 / pr "On approval of the construction permit form and the permit for the commissioning of an object" (Registered in the Ministry of Justice of Russia on 09.04.2015 N 36782)
in accordance with it, it is not required to indicate the area, number of storeys, material of the walls of the object. Not so long ago, these requirements were mandatory.

Another addition is that changes can be made to the RNS (for example, when changing the owner of the land plot), or the parameters of the object (in the previously issued RNS). That is, when buying and selling memory with a valid Permit issued, you can change the developer in the issued valid permit (add new)

If the cadastral number or the storage area has changed, then the RnS will have to receive a new one. This also needs to be taken into account when clarifying the boundaries of the memory, or when eliminating cadastral errors.

P.S. I believe that there is nothing wrong with the fact that the Developer has the right to be interested in the basis of which article of which code, or guided by which regulatory legal act, additional questions arise when forming the above documents.

I'll finish for this. 12/14/2017