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

When choosing a plot for building, we always plan to build a cozy, comfortable house and all the necessary auxiliary premises on it. However, if you decide to start building, it is important to consider what category the land belongs to, whether it is intended for construction, its area, location and other factors.

Why is it necessary to issue permits for the house?

If you are building a permanent residence, it is imperative that you obtain an official building permit from the authorities. Otherwise, the house, built and put into operation, will be impossible to connect to communications, take a loan for the construction itself, sell it and much more.

The main regulatory document governing obtaining a permit for individual housing construction is the Town Planning Code. Based on its norms, as a result, you can get a paper confirming that the project documentation corresponds to the layout of the site, all land surveying rules, all SNiP norms are observed, and it is allowed to carry out construction and reconstruction work.

In addition, the Code of Administrative Offenses of Russia stipulates that the construction of buildings without permission is considered an administrative violation (according to Article 95). The rules for obtaining a permit and the procedure for issuing it are mandatory and the same for all regions of the country.

According to the legislation, when building a private house on a personal plot or land located within a settlement, it is not necessary to obtain consent for development. It will not be required if no unfinished deals are planned during the construction period. At the same time, it is impossible to arrange the commissioning of a house without permits.

The following requirements are put forward for a residential building:

• the building is intended for one family;
• the maximum number of floors is up to three, while basements are not taken into account;
• during construction or reconstruction, it is necessary to adhere to the existing encumbrances, all restrictions are spelled out in the technical documentation.

On the basis of a permit, the developer has the right not only to erect a building from scratch, but also to reconstruct an existing capital object. The absence of a document entails administrative liability, and the illegal building is subject to demolition.

Permits are required if the construction of a house is planned on credit. If the future residential building will have more than three floors, it is necessary to additionally order a state examination.

Where to apply for a permit?

A building permit is issued by local government bodies, namely by the architecture department at the location of the site for individual housing construction. The registration process begins with the submission of an application with the documents attached to it:

1. site plan;
2. documents for the allocation of territory;
3. site organization diagram.

Within 10 days, this application is considered by the relevant authorities. After that, an official permit is issued. The validity period of the document from the date of issue will be valid for 2 years, while it will be valid even if the site is sold to a third party.

Keep in mind that the authorities may refuse to issue a permit if there is an inconsistency in the papers or in the case of design decisions that contradict the town planning code. This decision can always be appealed in court.

The nuances of obtaining permits

When submitting documents, additional fees and duties are not charged. Until 2018, registration was carried out in a simplified manner; this procedure did not require the submission of project documentation. If the papers were received earlier and the validity period has not expired, you do not need to reissue them. After the expiration date, you will need to reissue it again.

The document may become invalid under the following circumstances:

• the owner on his own initiative renounced the right to land;
• property rights to the site were canceled;
• the right of ownership to the subsoil has been terminated, without which the building cannot be exploited;
• compulsory cancellation 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 obtaining permits, the owner changes.

For the period of validity of the securities, the receipt or their re-registration is not carried out. The permission can be used by any owner of the land plot.

If, after receiving the permits, the land allotment was divided or merged, before the expiry of the permit, they are suitable for construction in accordance with the project for which they were issued. If the object is managed by several owners, the construction of a house must be agreed in writing with each of them.

Construction on the territory of a garden partnership

Permits for the construction of buildings in villages, on land for individual housing construction or on summer cottages have some differences.

To obtain the necessary document for a horticultural partnership (SNT), you need to submit to the local administration:

• statement;
• passport;
• original and copy of the land certificate.

After considering the request and analyzing the submitted documents, the rural district issues a permit or denies it.

Then the project documentation for the house is developed. It can be purchased ready-made or ordered from a specialized institution. Then contact the department of geo-supervision of the regional architecture, from where their specialist leaves for the site to fix and determine the boundaries of the territory and the axes of the future structure.

After receiving the deed, the owner expects to receive the construction passport of the object, which is ordered from the administration for architecture of the district, upon providing the following documents:

1. copy and original of the identity document;
2. site plan and land certificate;
3. application for permission to erect a building;
4. a petition from a rural district, the procedure for obtaining which is described above;
5. a certified copy of the license for design work;
6. shooting and survey of the site.

After obtaining a passport for the object, in the department of architecture and urban planning of your district, the plan for the location of buildings attached to it is approved by the State Fire Inspection (GPN) and the State Sanitary and Epidemiological Supervision (SSEN). In the event that underground buildings are planned, you also need permission from the relevant authorities.

No building permit is issued without the GSEN mark. And to get it, you also need to collect a package of documents:

• Land certificate;
• Plan of the location of the building on the site;
• Information on the availability and planning of life support systems;
• The conclusion of the State Sanitary and Epidemiological Service, which is in the development project.

The following papers are required for firefighters:

• A copy of the land certificate;
• A copy of the opinion of the state service attached to the project;
• Information about available and planned life support systems;
• Application for approval.

In order to obtain a permit for the construction of buildings on a summer cottage, subject to agreements with all services, a plan for the location of buildings is provided to the district architect. Only after that a passport and all accompanying documents are issued.

Further, the planned construction of the house is registered at the Archstroyinform site, in order to obtain a register identifier, as well as at the local branch of the State Institution of State Archive of Construction Supervision, which issues an order for the production of construction and installation works.

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 a permit for the construction of a house on a plot intended for individual housing construction, an application is made for the departure of an employee of the UAiG to the relevant territory, who will give an opinion on the possibility or prohibition of construction.

Before that, the developer must submit to the district administration a statement of the owner's desire to obtain a permit, a copy of the ownership certificate, and a petition from the rural district. And besides this, you will need an extract from the house book.

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

When is a building permit not required?

Permission is not required in several cases:

1. If reconstruction, change or completion of capital structures is carried out that do not violate the constructions of the building, its safety and reliability, as well as the parameters established by the town planning regulations;
2. When it is planned to build a garage for personal purposes. It is strictly forbidden to conduct commercial activities on such sites;
3. During the reconstruction or construction of an object not related to capital (trays, kiosks, pavilions);
4. When building on plots intended for gardening or summer cottages.

Individual housing construction is not all buildings. These include a house, no more than three floors, with both ground and underground tiers taken into account. The cottage must be designed for strictly one family.

These are several main criteria for classifying an object as an individual housing construction, in case of non-observance of which, the development of an individual project and the conclusion of the State Expertise for compliance with the rules and regulations are required.

IZHS with the proximity of the location of the reservoir

The Water Code of Russia regulates the norms for the development of sites near water bodies and rivers; it came into force in early 2007. According to him, all rivers, canals, lakes and a 20-meter coastal zone are publicly accessible. This means that any body of water can be used for domestic and personal needs.

For canals and rivers, the length of which does not exceed 10 km, the common area is 5 m. If you occupy this territory for construction, you will have to pay a fine and follow the instructions for eliminating violations of the law.

If the reservoirs and the adjacent territory belong to nature protection objects, the space that cannot be occupied for building can reach up to 500 m.

Distance from neighbors

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

• The distance to a one- or two-family house must be kept at least 3 m;
• Distance from premises for livestock and poultry, leaves 4 m;
• It is necessary to leave 1 m each before auxiliary outbuildings, trunks of small trees, and shrubs;
• The distance for old tall trees is planned at least 4 m.

If it is planned to build a one- or two-apartment house, there should be at least 6 meters to the windows and walls of a neighboring cottage, sauna, garage or barn.

Expansion of the existing area

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

A permit for it can be obtained by fulfilling the specific requirements of urban planning:

• observe the distance from neighbors - 6 m, from an already built house - 3 m and from outbuildings and auxiliary premises - 1 m, also not to violate the building density prescribed in the standards;
• preserve the purpose of the site - i.e. its housing orientation.

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

Some owners prefer to carry out this procedure the other way around and first build the house, and only then contact the appropriate authorities. As practice shows, this is not the best solution to the problem. In the event that the judicial authorities reveal an error, a decision may be made to demolish the erected structure.

conclusions

It is recommended to entrust the preparation of design papers for construction to professionals. The project must reflect all the technical data used for construction work, including utilities and finishing materials.

When drawing up a project passport, you must have a building permit on hand. Unauthorized construction of a private house is punishable by large fines. The absence of permits is fraught with administrative responsibility also in such situations:

• the procedure for the implementation of construction technology has been violated;
• the reconstruction performed does not correspond to the approved data in the project;
• the object was illegally repaired during the period of capital construction;
• the object is put into operation during the period of capital construction.

If the provisions of the law are violated by individuals, a fine is provided in the amount of 2-5 thousand rubles. For contractors and entrepreneurs, penalties are 20-50 thousand rubles, for legal entities - up to 1 million rubles.

After commissioning, the building is recognized as absolutely safe for all family members. At the same time, the risk of harm to the environment and infrastructure in the vicinity is minimized. Upon receipt of a refusal, construction cannot be unauthorized. Such a structure cannot be registered in the BTI and connected to utilities. It is subject to demolition. You can appeal the decision in court.

So, we see that the process of collecting documents and submitting them to the administration for obtaining a building permit takes a lot of time and requires certain costs. Nevertheless, it is worth taking care of the registration of this document in advance, so that in the future, when putting the house into operation, to avoid unforeseen problems.

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